ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 September 2019

	DOCKET NUMBER:  AR20180003953


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from Active Duty) to show his military occupational specialty (MOS) as 57G (Duty Foreman).

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 his DD Form 214 is incorrect.  When he left Germany he was not a 94B (Cook), he was a 57G (Duty Foreman).  He would like to have his military records amended and DD Form 214 corrected. 

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

	a.  He was enlisted in Regular Army on 6 March 1973.  He served in Germany from 25 July 1973 to 23 February 1976.

	b.  His DA Form 20 (Enlisted Qualification Record) shows 

		(1)  Item 22 (MOS) – Only shows primary MOS as 94B20.

		(2).  Item 38 (Record of Assignments) as follows:

* Duty MOS 94B20 –11 May 1973 to 5 July 1973,  Advanced Individual Training (AIT)
* Duty MOS 94B20 – 30 July 1973 to 7 May 1974, First Cook, assigned to
D Battery, 3rd Battalion (Bn), 84th Field Artillery (FA), U.S. Army Europe (USAREUR) – Germany 
* Duty MOS 57G20 – 8 May 1974 to 5 November 1974, Bn Repair and Maintenance Platoon (BRMP), assigned to D Battery, 3rd BN, 84th FA, USAREUR - Germany

	c.  Special Orders (SO) Number Extract 171, issued by Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, dated 20 June 1973, shows he was awarded 94B20 effective 6 July 1973.

	d.  SO Number 136, issued by Headquarters, United States Army, Europe and Seventh Army, dated 16 May 1974, shows he was reassigned to Service Battery, 3rd Battalion, 84th Field Artillery for duty with battalion repair and maintenance platoon.

	e.  On 5 November 1974, his DD Form 214 (Report of Separation from Active Duty) shows he was discharged from active duty under honorable conditions.  He completed 1 year and 8 months of active service and 1 year, 3 months and 11 days foreign service.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Item 16a (Primary Specialty Number and Title) 94B20 (Cook)
* Item 17a (Secondary Specialty Number and Title) – None

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  For Item 16a, enter the primary code number, title, and date of award.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  The applicant’s contentions were carefully considered.  He completed 94B MOS training, was provided MOS orders, and served in that position.  His record also shows he was slotted in a 57G duty position; however, he was not awarded 57G as a PMOS.  The Board agreed regulatory guidance provides the PMOS is listed on the DD Form 214, and that 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 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Report of Separation from Active Duty).  Chapter 2 (Preparation and Distribution of
DD Form 214).  Paragraph 2-1, states all available records will be used as a basis for the preparation of DD Form 214WS (Worksheet), including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders.  It states for item 16a, enter the primary code number, title, and date of award.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180003953


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