ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 September 2019

	DOCKET NUMBER:  AR20180011381


APPLICANT REQUESTS:  a correction to his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) issued 21 December 1969 to:

*	Primary Military Occupational Specialty (PMOS) Change to Artillery
*	Promotion to E5

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

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 (ABCMR) 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 stated he assembled 8 inch nuclear shells and his military 
occupational specialty (MOS) was never changed to artillery.  He had a secret 
clearance.  He was promoted to E5, two weeks before he left Germany and it does 
not show on his military record.

3.  The applicant provides his DD Form 214, showing his service from 18 January 
1968 to 21 December 1969.

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

	a.  He was inducted into the Army of the United States on 18 January 1968.  

	b.  He was assigned to Battery D 7thTraining Battalion, 2nd Advanced Individual 
Training Brigade on 25 March 1968 and awarded the PMOS 13E10, at the 
completion of training.
	c.  He was assigned to Battery A  6th Battalion 40th Field Artillery, in Germany on 
14 June 1968, in PMOS 13E10.

	d.  His PMOS was changed from 13E10 (Cannon Fire Direction Specialist) to 
76Y10 (Unit Supply Specialist), by special order number 341, issued by 
Headquarters, 3rd Armored Division, dated 9 December 1968.

	e.  The applicant’s service record is void of promotion to SGT/E5.  His separation 
orders, special orders number 304, issued by Headquarters, 3rd Armored Division, 
dated 31 October 1969 shows the applicant’s rank/grade as Specialist/E4 and 
PMOS is 76Y20.

	f.  On 21 December 1969, he was honorably released from active duty.  His DD 
Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
shows he served 1 years, 11 months, and 4 days of active service.  

5.  By regulation, 635-5 (Separation Documents) the DD Form 214 is a summary of 
a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut 
record of active duty service at the time of release from active duty, retirement, or 
discharge.  

*	It states for item 5a (Grade, Rate or Rank) enter grade in which serving at 
time of separation, indicating whether permanent or temporary.
*	It states for: Item: 23a, (Specialty Number & Title):  enter primary military 
occupational specialty code number and title.   


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board found insufficient 
evidence to show that the applicant was promoted to the rank of Sergeant/E5 prior 
to his separation.

Additionally, based upon the information reflected on the applicant’s DD Form 20 at 
the time of separation, the MOS currently reflected on his DD Form 214 is correct.  
His DD Form 20 shows that his secondary MOS was 13E, Artillery.  Therefore, there 
was insufficient evidence to show any error or injustice which would warrant making 
a change to the applicant’s military service record.



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 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 (Separation Documents) in effect at the time states DD 
Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  
It provides a brief, clear-cut record of active duty service at the time of release from 
active duty, retirement, or discharge.  

*	It states for item 5a (Grade, Rate or Rank) enter grade in which serving at 
time of separation, indicating whether permanent or temporary.
*	It states for: Item: 23a, (Specialty Number & Title): enter primary military 
occupational specialty code number and title.  

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180011381

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