Search Decisions

Decision Text

ARMY | BCMR | CY2004 | 20040011599C070208
Original file (20040011599C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20040011599


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms Carol A. Kornhoff              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 23a (Specialty Number & Title) of his
       DD Form 214 (Report of Transfer or Discharge) be corrected to show
that
he was awarded the military occupational specialty (MOS) of "11B20" (light
weapons infantryman) instead of "71B20" (Clerk Typist).

2.  The applicant states that he earned the Combat Infantryman Badge (CIB),
the Purple Heart, and the Bronze Star Medal with "V" Device as an
infantryman.
He also states that he was never a clerk typist while serving on active
duty (AD).

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 September 1968, the date of his release from AD.  The
application submitted in this case is dated 10 December 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he was inducted on 14 September
1966, as a light weapons infantryman (11B).  He served in Vietnam from
27 February to 19 May 1967.  He was awarded the CIB, the Purple Heart, and
the Bronze Star Medal with "V" Device while serving in Vietnam in MOS 11B.
He was promoted to pay grade E-4 on 18 December 1967 in MOS 11B20.

4.  The applicant’s records contain a copy of Headquarters, Fort Jackson,
South Carolina, Special Orders Number 273, dated 19 November 1966, which
shows that the applicant was assigned to Fort Jackson for training in
military occupational specialty (MOS) 11B, with a reporting date of
19 November 1966.





5.  The applicant’s records contain a copy of Headquarters, 47th Direct
Support Group, Fort Meade, Maryland, Special Orders Number 7, dated
10 January 1968, which awarded the applicant the PMOS of 71B20 and withdrew
his PMOS of 11B10.

6.  The applicant continued to serve until he was released from AD on
13 September 1968.  He was transferred to the U.S. Army Reserve (USAR).

7.  Item 23a (Specialty Number and Title), of the applicant’s DD Form 214,
shows the entry "71B20 Clerk Typist."

8.  Item 22 (Military Occupational Specialties), of the applicant’s DA Form
20 (Enlisted Qualification Record), shows that the applicant was awarded
the PMOS of 11B20 effective 3 February 1967.  He was awarded the PMOS of
71B20 effective 10 January 1968.

9.  Army Regulation 635-5, in effect at the time, established the
standardized policy for preparing and distributing the DD Form 214.  It
provided, in pertinent part, that the Soldier’s primary specialty number
and title would be entered in item 23a of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was inducted and served
as a light weapons infantryman in MOS 11B20.  He was awarded the PMOS of
71B20 effective 10 January 1968 and his PMOS of 11B10 was withdrawn on the
same day.  As a result, the applicant’s PMOS at the time of separation was
71B20.

2.  The evidence clearly shows that he was awarded the CIB, the Purple
Heart, and the Bronze Star Medal, with "V" Device, while serving in Vietnam
as an 11B. The applicant's period of service while serving in PMOS 11B from
14 September 1966 to 9 January 1968 consisted of a total of 1 year,
3 months, and 27 days.

3.  Therefore, in the interest of equity and justice, his time served as a
light weapons infantryman (11B) should be shown on his DD Form 214.  As an
exception to policy, he is entitled to correction of item 23a (Specialty
Number & Title) of his DD Form 214 to show the entry "11B20 Light Weapons
Infantryman."




BOARD VOTE:

_TSK____  __PHM__  __CAK _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing in item 23a of the applicant's
DD 214, the entry, "11B20 Light Weapons Infantryman."




                                  ___Ted S. Kanamine____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011599                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680913                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002069018C070402

    Original file (2002069018C070402.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...

  • ARMY | BCMR | CY2002 | 2002076566C070215

    Original file (2002076566C070215.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: The applicant requests that Item 23 (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by replacing military occupational specialty (MOS) 63C20 (Wheel Vehicle Mechanic) with MOS 11B40 (Light Weapons Infantryman); and that he be issued the Combat Infantryman Badge (CIB) and any other pertinent awards. APPLICANT STATES : In essence, that he always served in MOS 11B40; that the orders that...

  • ARMY | BCMR | CY2005 | 20050006194C070206

    Original file (20050006194C070206.doc) Auto-classification: Approved

    In pertinent part, it directs that the primary MOS code number and title will be entered in item 23a on the DD Form 214. The evidence of record shows the applicant completed training in MOS 71H and was awarded primary MOS 71H. The applicant's Enlisted Qualification Record shows he served in MOS 11B as a rifleman in Alaska and Hawaii.

  • ARMY | BCMR | CY2010 | 20100020744

    Original file (20100020744.txt) Auto-classification: Approved

    A DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (Military Occupational Specialties) he was awarded MOS 71B (Clerk-Typist) on 17 May 1968 * item 31 (Foreign Service) he served in Vietnam from 22 January 1969 to 23 February 1970 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * Headquarters and Headquarters Detachment, 79th Maintenance Battalion, from 25 January to 10 August 1969 * Headquarter and Headquarters Company, 3d Battalion, 8th Infantry,...

  • ARMY | BCMR | CY2011 | 20110005014

    Original file (20110005014.txt) Auto-classification: Denied

    Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). Army Regulation 635-5 states that items 23a and 23b will document the codes and titles of the separating Soldiers PMOS. The evidence of record confirms the applicant's PMOS was 71B, not 11D; therefore, his DD Form 214 is correct as stated and there is an insufficient basis to grant relief in this case.

  • ARMY | BCMR | CY2006 | 20060016667C071029

    Original file (20060016667C071029.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 May 2007 DOCKET NUMBER: AR20060016667 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. It is acknowledged that the applicant was originally awarded primary MOS 11B and served in Vietnam as an 11B, earning the Combat Infantryman Badge. Records show the applicant should have discovered the alleged error...

  • ARMY | BCMR | CY2001 | 2001065706C070421

    Original file (2001065706C070421.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 be amended to show his military occupational specialty (MOS) as 11B and to show he was awarded the Vietnam Service Medal with two bronze service stars, one overseas service bar, the Republic of Vietnam Campaign Ribbon (RVNCM) with Device 1960, the National Defense Service Medal (NDSM), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), the Expert...

  • ARMY | BCMR | CY2014 | 20140009247

    Original file (20140009247.txt) Auto-classification: Approved

    The applicant states: * he is a Vietnam veteran * he served with the 101st Airborne Division * his BSM is not listed on his DD Form 214 * his secondary MOS (SMOS) of 71B (Clerk-Typist) is on his DD Form 214, but his PMOS of 11B is not listed * he believes that he is entitled to the CIB * there may be other division citations that are not listed on his DD Form 214 3. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to...

  • ARMY | BCMR | CY2014 | 20140010526

    Original file (20140010526.txt) Auto-classification: Denied

    The applicant requests award of the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this badge. Unit Orders Number 27, dated 28 September 1966, issued by Company A, 228th Aviation Battalion, wherein he was promoted to the rank of SP4. This regulation also stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

  • ARMY | BCMR | CY2011 | 20110006538

    Original file (20110006538.txt) Auto-classification: Denied

    The fellow Soldier attests: * he served with the applicant in the Army at Fort Hood, TX, and in Vietnam * he and the applicant served in Troop C, 1st Squadron, 1st Cavalry, 1st Armored Division, at Fort Hood, TX, from approximately January 1967 until their deployment to Vietnam in August 1967 * the applicant functioned and served in the capacity of an armored intelligence specialist in MOS 11D * cavalry troopers assigned to armored cavalry assault vehicles (ACAV's) carried MOS 11B (Light...