ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20190002935


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 28 January 1971 to show 
he served in two additional specialties during his period of military service.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Standard Form 88 (Report of Medical Examination), dated 19 November 1970
*	DA Form 3082-R (Statement of Medical Condition), dated 28 January 1971
*	Special Order (SO) 28, dated 28 January 1971 
*	NGB Form 22 (Report of Separation and Record of Service), covering the period 
25 July 1973 through 24 July 1974
*	United States Armed Forces Institute (USAFI) Form 6A2.32, undated 

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 he served in the following military occupational specialties 
(MOS) 05E2O (Voice-Radio Operator) and 64B (Heavy Vehicle Driver) and they were 
never added to his DD Form 214.  

3.  The applicant enlisted in the Regular Army on 7 February 1968.

4.  Special Orders Number 149, issued by Headquarters, U.S. Army Training Center, 
Fort Jackson, SC, dated 18 June 1968 directed his reassignment and contained his 
standard name line, which shows his MOS as 94B2O (Cook).  

5.  The applicant was honorably released from active duty and transferred to the United 
States Control Group (Reinforcement) on 28 January 1971.  Item 23a (Specialty 
Number & Title) of his DD Form 214 shows the entry "94B2O Cook." 
6.  The applicant's record does not contain orders awarding him either MOS 05E or 64B 
as his primary specialty during his active duty period of service.  

7.  The applicant provides:

     a.  Standard Form 88, dated 19 November 1970 that shows he was given a 
separation examination.  Item 17 (Rating or Specialty) contains the entry "64B2O 
(Heavy Vehicle Driver)."

     b.  DA Form 3082-R, dated 28 January 1971; however, this document does not 
contain an entry identifying his MOS. 

     c.  SO 28, issued by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, dated 
28 January 1971 that shows the applicant's MOS as "64B2O."  

      d.  NGB Form 22, covering the period 25 July 1973 through 24 July 1974 shows his 
MOS as "05E2O."  It also contains entries that identify his prior service and shows his 
MOS as "94B2O (Cook)" during his Regular Army and USAR periods of service. 

     e.  A USAFI Form 6A2.32, undated; however, this document does not contain an 
entry identifying his MOS. 

8.  Army Regulation 635-5 (Separation Documents), dated 23 September 1967, states 
for item 23a (Specialty Number and Title), the preparer should enter the separating 
Soldier's primary MOS code number and title.  There is no provision in the governing 
regulation to list more than one specialty. 


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, a majority of the Board 
found partial relief is not warranted.

2.  A majority of the Board agreed that the evidence confirms the applicant held MOS 
64B2O at the time of his release from active duty on 28 January 1971.  A majority of the 
Board agreed that this information could be recorded as an entry in the remarks block 
on his DD Form 214.  

3.  The dissenting member found no basis for adding MOS 64B2O to his DD Form 214.  
The dissenting member noted there are no orders awarding him any additional MOSs 
during his period of active duty service, and noted that the regulation governing the 
preparation of the DD Form 214 provided only for recording a Soldier's primary MOS.  

4.  The Board unanimously agreed that there is no basis for correcting his DD Form 214 
to show he held MOS 05E2O.  The evidence he provides shows he held this MOS after 
his period of active duty service.  The DD Form 214 is intended to reflect the service 
record as it exists at the time of release of discharge from active duty.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by adding to 
item 30 (Remarks) of his DD Form 214 the entry "Additional Specialty Number and Title:  
64B (Heavy Vehicle Driver)."  

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to correcting his DD Form 214 to show he held MOS 
05E2O.


	  
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), dated 23 January 1967, 
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.  For item 23a (Specialty 
Number and Title), the preparer should enter the separating Soldier's primary MOS 
code number and title.
//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20190002935
	
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