ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:    26 April 2019

	DOCKET NUMBER:  AR20170018166


APPLICANT REQUESTS: correction to item 25a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending on 31 August 1964, to show his military occupational specialty (MOS) as 951.00 (Military Police (MIL POL)) instead of MOS 941.00 (Cook).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214, effective date 31 August 1964

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, in effect, item 25a of his DD Form 214 is incorrect and he contends the correct entry is Military Police instead of Cook.  His MOS during his entire period of service was always Military Police and he was never a Cook.  He contends his record shows he completed Military Police training at Fort Gordon, GA.  

3.  On 1 September 1961, the applicant enlisted in the Regular Army for a period of 3 years.

4.  On 19 January 1962, the applicant was awarded the MOS 951.00 (Military Police) and the MOS was designated as his primary MOS (PMOS) on 26 January 1962.  

5.  A review of his record shows his MOS listed as 941.10 (Cook) on the following: 

* DA Form 20 (Enlisted Personnel Record): item 6 (MOS Code (Primary/Duty)), item 32 (Classification in Military Occupational Specialties) and item 33 (Record of Assignments – Principal Duty)
* DA Form 24 (Service Record): section 4 (Chronological Record of Military Service)

6.  Special Orders Number 130, Headquarters, Two Rock Ranch Station, dated 21 July 1964, show the applicant was awarded the primary MOS 941.10 (Cook) and MOS 951.10 (Military Police) was withdrawn.  

7.  On 31 August 1964, the applicant was honorably released from active duty.  His DD Form 214 shows the following entries in:

* item 25a (Specialty Number and Title): 941.10 (Cook) 
* item 28a (School or Course): "MP" (Military Police)
* item 28b (Dates): "8 weeks 61"
* item 28c (Major Courses): "MIL POL"
* item 29 (Other Service Training courses Successfully Completed): "None"  

8.  Army Regulation 635-5 (Separations Documents), in effect at the time, states for item 25a, enter the primary MOS code number and title.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  The Board found that although the applicant was awarded the Military Police MOS in January 1962, upon graduating from Advanced Individual Training, the Board also found that same MOS was withdrawn in a later order (Special Order 130), where he was then awarded the MOS of Cook.  For that reason, the Board concluded there was no error or injustice in the applicant’s record which warranted correction.

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 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Active Army.  It provided that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  The DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for item 25a, enter the primary MOS code number and title.  If the specialty represented by the MOS has a related civilian occupation, enter the appropriate job title and code number from the DOT in item 25b.

3.  Army Regulation 611-203 (Personnel Selection and Classification Enlisted Occupational classification and Utilization), in effect at the time, prescribed the policies and procedures for the occupational classification and utilization of Army Enlisted personnel.

a. Paragraph 23 states initial designation of primary MOS when an individual has 
been awarded but one MOS, that MOS will be designated as primary.

b. Paragraph 24 states, in effect, initial designation of secondary MOS when an 
individual acquires two awarded MOS, one MOS will be designated as secondary.  Upon completion of training for qualification in a new occupational specialty, the old
PMOS will be designated secondary concurrent with designation of the new PMOS.
A MOS may be awarded and designated as secondary without change in PMOS on the
basis of:

      (1)  Civilian acquired skills.

      (2)  Temporary performance of duly in other than PMOS.

     c. The secondary MOS will be commensurate with current pay grade and NCO Specialist status.

     d.  Paragraph 27 (Withdrawal of MOS) states all four digits of any awarded MOS will be completely withdrawn for erroneous award or entry on DA Form 20, which will be deleted as prescribed in Army Regulation 640-203. 

     e.  Section VI (Reclassification in MOS) provides, in pertinent part, the primary MOS (PMOS) has significance in that it represents an investment of time money and experience in the individual and the Army.  In view of its significance controls are established over redesignation of the PMOS.  

ABCMR Record of Proceedings (cont)	 AR20170018166
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