RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 SEPTEMBER 2005
DOCKET NUMBER: AR20040011601
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 |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Eric Andersen | |Member |
| |Ms. Carol 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 his DD Form 214 (Report of Transfer or
Discharge) be corrected to reflect his MOS (military occupational
specialty) as 11B10 vice the 11C10 MOS shown.
2. The applicant states that orders show his MOS as 11B10.
3. The applicant provides a copy of his DD Form 214 and a copy of
assignment orders showing his MOS as 11B10.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 30 January 1966. The application submitted in this case
is dated 15 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 was inducted into the Army on 5 February 1964. He
completed basic combat training. His service record shows that he was
assigned to Company B, 1st Battalion (M), 28th Infantry at Fort Riley
Kansas in May 1964 for duty and training in MOS 111.00 (a precursor of MOS
11B). On 15 October 1964 the applicant was awarded MOS 111.10. His
service record shows that his duty MOS was 111.10. In October 1964 he was
transferred with his unit to Vietnam. On 5 December 1964 he was awarded
the Combat Infantryman Badge. The order effecting that award shows that
his MOS was 11B20.
4. The applicant’s qualification record shows his MOS as 111.10, light
weapons infantryman.
5. On 28 November 1965 orders were published by the 1st Infantry Division
in Vietnam assigning the applicant to the transfer station in Oakland,
California. Those orders show his MOS as 11B20.
6. On 30 January 1966 the Army Personnel Center in Oakland published
orders releasing the applicant from active duty. His MOS shown on those
orders is 11C10 (heavy weapons infantryman). The applicant was released
from active duty on 30 January 1966. His DD Form 214 shows that his MOS
was 11C10, lt wpns inf (light weapons infantryman).
DISCUSSION AND CONCLUSIONS:
1. The applicant’s MOS on the orders that effected his release from active
duty is erroneous, resulting in an erroneous MOS entry on his DD Form 214.
2. The applicant was awarded MOS 111.10 (MOS 11B10). His MOS as shown on
the orders awarding him the Combat Infantryman Badge and on his orders
reassigning him to Oakland show that his MOS was 11B20.
3. The applicant was a light weapons infantryman, MOS 11B20. His
DD Form 214 should be corrected to reflect that MOS.
BOARD VOTE:
__JS____ __EA ___ ___CK __ 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 the 30 January 1966 DD Form 214 of the
individual concerned by corrected by showing his MOS as 11B20.
______John Slone__________
CHAIRPERSON
INDEX
|CASE ID |AR20040011601 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050915 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.50 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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