ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  26 August 2019

	DOCKET NUMBER:  AR20170009313


APPLICANT REQUESTS: that his DD 214 (Armed Forces of the United States Report of Transfer or Discharge) item 23c (Specialty Number) reflect the Military Occupational Specialty (MOS) as 13A20 (Field Artillery Basic).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that item 23c shows his MOS as 71H20 (Personnel Specialist) and that it should be corrected to show his awarded MOS 13A20.  He served for a few months as a clerk and evidently someone changed his MOS.

3.  A review of the applicant’s service record shows the following:

	a.  He was inducted into the Army of the United States on 1 December 1966.

	b.  DD Form 20 (Enlisted Qualification Record) shows item 22 (Military Occupational Specialties) as 13A10 with the date of 14 April 1967 and a primary MOS of 71H20 with the date of 21 February 1968.

	c.  He served in Vietnam from 9 May 1967 to 7 May 1968.

	d.  Special Orders Number 63, dated 12 May 1967, promotes the applicant to private first class, PFC/E-3 with the MOS of 13A10.

	e.  Special Orders Number 76, dated 27 May 1967, assigns the applicant to the U.S Army Reserve (USAR) Transient Detachment with the MOS of 13A10.

	f.  Special Orders Number 143, dated 29 May 1967, assigns the applicant to Battery C, 3rd Battalion, 82nd Artillery, 196th Light Infantry Brigade with the MOS of 13A10.

	g.  Special Orders Number 85, dated 25 March 1968, awards the applicant the MOS of 71H20 with 13A10 withdrawn in accordance with AR 600-200 (Enlisted Personnel – Management System) paragraph 2-32d(4) (Skill Qualification Test, second failure) with an effective date of 21 February 1968.

	h.  A college acceptance letter, dated 22 July 1968, shows that the applicant was accepted into Point Park College.

	i.  The applicant submitted a request for early separation letter, dated 30 July 1968, to attend school.

	j.  DA Form 2498, dated 2 August 1968, recommends that the applicant be separated on 2 September 1968 to attend school.

	k.  On 2 August 196, his immediate commander approved his request for early separation.  No additional approval separation documents from the chain of command are available for the Board to review.

	l.  Special Orders 146, dated 16 August 1968, relieve the applicant from active duty service with a transfer to the USAR with an effective date of 2 September 1968 with the MOS of 71H20.

	m.  DA Form 2376 (Release from Active Duty of Obligated Reservist), dated 
28 August 1968, releases the applicant from the active duty with an effective date of 
2 September 1968.

	n.  He was released from active duty on 2 September 1968.  His DD Form 214 shows item 23c (Specialty Number & Title) as 71H20.

4.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) states that Soldiers will be assigned to an organizational element according to the authorized MTOE(Modified Table of Organization and Equipment)/TDA (Table of Distribution and Allowances)/DMOS (Duty Military Occupational Specialty) positions, consistent with their PMOS or CPMOS qualifications, and—(1).  The criteria for SIMOS (Space Imbalance MOS) is found in paragraph 1–14.  (2) The criteria for bonus recipients is found in AR 601–280.  (3) The criteria for first sergeant (1SG) positions is available in chapter 8, section V.

5.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation, such as the DD Form 214.  

6.  AR 635-8 (Separation Documents) prescribes the separation documents prepared for Soldiers upon their retirement.  It establishes standardized policy for the preparation of the DD form 214, which is a synopsis of the Soldier’s most recent period of continuous active duty.  In block 11 (Primary Specialty) enter the titles of all MOSs or areas of concentration (AOCs) awarded and held for at least 1 year during the current period of service and include for each MOS/AOC the number of years and months held. For time determinations, 16 or more days counts as a month. Do not count time in training (basic training, advanced individual training, Basic Officer’s Leader Course, or MOS-producing school). Primary specialty MOS or AOC is awarded by Service school completion or by publication of orders awarding the MOS or AOC.

7.  AR 600-200 (Enlisted Personnel Management) paragraph 32(b) states that verification of MOS is the requirement that Soldier demonstrate his/her mastery of job related critical tasks through use of the Skill Qualification Test (SQT).  Verification of MOS is obtained by achieving the announced “verification score” for grades E-4 through E-7 and “qualification scores” for grades E-8 and E-9 on an SQT.  A second consecutive failure in spite of the special efforts made by the Army to ensure the Soldiers MOS proficiency, casts doubt as to the Soldier’s suitability for continued service.  Accordingly, the Soldier’s commander will take one of the following actions”

	1.  If, in the commander's opinion, valid reasons exist to explain failure to verify,
submit documentation through command channels to DA, MILPERCEN (DAPC-appropriate career division) requesting retention of MOS as an exception to policy to permit retesting the following year.

	2. If, in the commander's opinion, the soldier possesses necessary attitude/aptitude
to successfully complete a retraining program to qualify in a new PMOS, submit recommendation for reclassification to reclassification authority. S.

	3.  If, in the commander's opinion, the soldier would not profit from either continued training in his/her current PMOS or retraining and reclassification in a new PMOS, the commander will consider processing the soldier for a bar to reenlistment/administrative discharge UP AR 635-200. If the commander concludes that administrative separation is not warranted, the commander will take action in accordance with paragraph 1 or 2 above.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  Based upon the documentary evidence provided by the applicant and found within the military service record of the applicant, the record shows orders were published changing his MOS to the contested MOS when he did not achieve the required SQT for MOS 13A.  The Board agreed there was no error or injustice in this case.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) states that Soldiers will be assigned to an organizational element according to the authorized MTOE/TDA/DMOS positions, consistent with their PMOS or CPMOS qualifications, and—(1).  The criteria for SIMOS is found in paragraph 1–14.  (2) The criteria for bonus recipients is found in AR 601–280.  

3.  AR 600-200 (Enlisted Personnel Management) paragraph 32(b) states that verification of MOS is the requirement that Soldier demonstrate his/her mastery of job related critical tasks through use of the Skill Qualification Test (SQT).  Verification of MOS is obtained by achieving the announced “verification score” for grades E-4 through E-7 and “qualification scores” for grades E-8 and E-9 on an SQT.  A second consecutive failure in spite of the special efforts made by the Army to ensure the Soldiers MOS proficiency, casts doubt as to the Soldier’s suitability for continued service.  Accordingly, the Soldier’s commander will take one of the following actions”

	1.  If, in the commander's opinion, valid reasons exist to explain failure to verify,
submit documentation through command channels to DA, MILPERCEN (DAPC-appropriate career division) requesting retention of MOS as an exception to policy to permit retesting the following year.

	2. If, in the commander's opinion, the soldier possesses necessary attitude/aptitude
to successfully complete a retraining program to qualify in a new PMOS, submit recommendation for reclassification to reclassification authority. S.

	3.  If, in the commander's opinion, the soldier would not profit from either continued training in his/her current PMOS or retraining and reclassification in a new PMOS, the commander will consider processing the soldier for a bar to reenlistment/administrative discharge UP AR 635-200. If the commander concludes that administrative separation is not warranted, the commander will take action in accordance with paragraph 1 or 2 above.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170009313
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