IN THE CASE OF:	

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080002167 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect reconsideration of his request to have his military occupational specialty (MOS) changed on his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, to MOS 67A1F.

2.  The applicant states, in effect, the Board indicated if he had any new evidence to support his claim they would review it once again.  He is not seeking financial remuneration but only for his record to be corrected.

3.  In support of his request, the applicant provides a copy of his originally submitted request, with all enclosures, and as new evidence, a self-authored letter outlining his request for reconsideration of his case; a letter to the Board from a retired former service member who is familiar with the applicant and his service in Vietnam; and a statement from an individual who identified himself as the crew chief of the helicopter on which the applicant flew as door gunner.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records, which were summarized, in a previous consideration of the applicant's case by the Army Board for the Correction of Military Records in Docket Number AR20060009523 on 30 January 2007.

2.  The applicant was honorably released from active duty on 10 May 1971 in the rank and pay grade, Specialist Four, E-4.  At the time of his release from active duty the evidence shows the applicant held the MOS 76Y (Armorer/Unit Supply Specialist).  The MOS and title shown in Item 23a. (Specialty Number & Title), of his DD Form 214, is incorrect.

3.  Item 25 (Education and Training Completed), of the applicant's DD Form 214, shows he completed 9 weeks training for award of the MOS 11C (Infantry Indirect Fire Crewman) in 1970.

4.  Item 27 (Military Education), of the applicant's DA Form 20, Enlisted Qualification Record, shows he completed a 9 week Infantry Indirect Fire Crewman course at Fort Lewis, Washington.  This training led to award of
MOS 11C.

5.  Special Orders Number 35, published by Headquarters, US Army Training Center, Infantry and Fort Lewis, dated 4 February 1970, shows the applicant was awarded MOS 11C, with an effective date of 20 February 1970.

6.  Special Orders Number 163, published by Headquarters, USARV [US Army Vietnam] Transient Detachment, dated 12 June 1970, shows the applicant was assigned to the 7th Combat Support Battalion in MOS 11C.

7.  Special Orders Number 169, published by Headquarters, 199th Infantry Brigade (Separate) (Light), dated 18 June 1970, shows the applicant was reclassified and awarded MOS 76A (Supplyman), with an effective date of 21 June 1970.  The applicant's original primary MOS 11C was withdrawn.

8.  Special Orders Number 258, published by Headquarters, 199th Infantry Brigade (Separate) (Light), dated 15 September 1970, shows the applicant was promoted by the 7th Combat Support Battalion to the rank of Specialist Four in MOS 76A.  The applicant was then awarded MOS 76Y in these same orders, with an effective date of 15 September 1970.

9.  Special Orders Number 259, published by Headquarters, 199th Infantry Brigade (Separate) (Light), dated 16 September 1970, shows the applicant was reassigned to the 101st Airborne Division.  At the time of his reassignment, the applicant held MOS 76A [MOS is incorrect since he had been reclassified in the orders published immediately before this order.]

10.  A Standard Form (SF) 88, Report of Medical Examination, completed in part by the applicant, shows that on 27 November 1970 he underwent a Flight Physical – Class III (Initial).  Item 11 (Organizational Unit), of the SF 88, shows the applicant was assigned to Company A, 101st Aviation Battalion.  Item 17 (Rating or Specialty), of the SF 88, shows the applicant held MOS 76Y (Supply (sic)).  The applicant signed the SF 88 in Item 73 (Notes).
11.  Special Orders Number 4, published by Headquarters, 101st Airborne Division (Airmobile), dated 4 January 1971, shows the applicant was placed on non-aviator crewmember status, with an effective date of 27 November 1970.  The standard name line on these orders show that the applicant held MOS 76Y.  These orders also show the names of twenty-one other Soldiers.  Other Soldiers listed on these orders are shown to have MOSs:  11B – Light Weapons Infantryman - (3), 11C (2), 45M – Aircraft Armament Subsystem Mechanic - (1), 67A – Aircraft Maintenance Apprentice - (4), 67N – UH-1 Helicopter Repairer - (5), 67W – Aircraft Quality Control Supervisor - (1), 67Y – AH-1 Attack Helicopter Repairer - (1), 70A – Clerk - (1), 71B – Clerk-Typist - (1), 76T – Aircraft Materiel Supply Specialist - (1), 76Y [the applicant], and 96D – Imagery Analyst - (1).

12.  General Orders Number 2938, published by Headquarters, 101st Airborne Division (Airmobile), on 9 April 1971, show the applicant was awarded the Bronze Star Medal, for meritorious service, for the period June 1970 through April 1971.  The standard name line on these general orders show that the applicant held 
MOS 76Y.

13.  A Standard Form (SF) 88, which was completed in part by the applicant, shows that on 9 May 1971 he underwent a physical examination for separation purposes.  Item 11 (Organizational Unit), of the SF 88, shows the applicant was assigned to the Transfer Station at Oakland Army Base, California, on the date of his examination.  Item 17 (Rating or Specialty), of the SF 88, shows the applicant held MOS 76Y.  The applicant's signature appears in Item 73 of the SF 88.

14.  Special Orders Number 130, published by Headquarters, US Army Personnel Center, Oakland, dated 10 May 1971, shows the applicant was assigned to the US Army Reserve (USAR) Control Group (Annual Training), with an effective date of 11 May 1971.  At the time of his assignment to the Reserve, the applicant held MOS 76Y.

15.  On 24 November 1971, the Office of the Adjutant General, US Army Administration Center, St. Louis, Missouri, prepared Letter Orders Number
11-525682, Subject:  Transfer between Control Groups, Components, or Units.  The applicant was reassigned from, the "USAR Control Group Annual Training" to the Headquarters and Headquarters Company, 478th Engineer Battalion (Combat), Fort Thomas, Kentucky.  The applicant was assigned for duty in
MOS 76S.

16.  There are no orders in the applicant file showing that he was reclassified from MOS 76Y to MOS 67A that he now seeks.  There is no evidence in the applicant's service records to indicate that he sought to be reclassified from
MOS 76Y to MOS 67A while he served in Vietnam or at the time he was assigned to a Reserve unit during his post-active duty time in the Army.

17.  The reference letters submitted by those individuals who allege to have served in Vietnam with the applicant report that they can attest to the fact the applicant did serve as a door gunner and performed all the requirements of a door gunner and that he is deserving of the Board's consideration of his request.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was trained and was awarded
MOS 11C.  He was reclassified to MOS 76A on his arrival in Vietnam.  The applicant was later reclassified to MOS 76Y, the MOS he held while he performed the duties of a door gunner.  It is acknowledged the duty MOS for a door gunner was 67A1F.

2.  Even though the applicant served in duty MOS 67A1F, there is no evidence he was ever reclassified to or that he even requested that he be reclassified to
MOS 67A1F while he served in Vietnam or during his post-active duty service time.

3.  The reference letters submitted by the applicant's former crew chief and a retired Army officer who served in Vietnam with the applicant were considered; however, these witnesses provided no evidence the applicant was reclassified to MOS 67A1F while he serve as a door gunner in Vietnam.  The MOS that is reflected on the DD Form 214 for separating Soldiers is the MOS the Soldier held on the date he was discharged, released from active duty, or separated for the purposes of retirement.

4.  Based on all the available evidence, the applicant held MOS 76Y on the date of his release from active duty.  There is no basis upon which a change to the MOS which is shown on his DD Form 214 can be justified and a change can be made to the MOS 67A1F.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20060009523 dated 30 January 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting Item 23a., of the applicant's DD Form 214, to show the entry, // 76Y2O - Armorer/Unit Supply Specialist // as opposed to the now shown // 76A2O – Supply Clerk //.

2.  The Board further determined that 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 the applicant's request to have his MOS which is reflected in Item 23a., of his DD Form 214, changed to MOS 67A1F.



      _________x_____________
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20080002167





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ABCMR Record of Proceedings (cont)                                         AR20080002167



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