IN THE CASE OF:	  

		BOARD DATE:	  3 September 2008

		DOCKET NUMBER:  AR20080010167 


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, that Item 12 (Last Duty of Assignment and Major Command) and Item 23a (Specialty Number & Title) of his separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that the Republic of Vietnam (RVN) unit listed in Item 12 of his DD Form 214 is incorrect, and that he was never a cook.  

3.  The applicant provides no additional documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant's record shows he enlisted in the Regular Army (RA) and entered active duty on 29 November 1968.  Item 22 (Military Occupational Specialties) of his Enlisted Qualification Record (DA Form 20) shows he was initially trained in and awarded military occupational specialty (MOS) 76A (Supply Clerk) in July 1968, and that he was reclassified into the MOS 94A (Cook Helper), which was made his primary MOS (PMOS), on 9 November 1970.  At the time he was awarded the PMOS 94B, MOS 76P (Stock Control and Accounting Specialist) was designated his secondary MOS (SMOS).   

3.  The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, Nahbollenbach Army Depot Special Orders Number 219, 
dated 9 November 1970, which awarded him the PMOS 94A (Cook Helper) and the SMOS 76P on 9 November 1970.  It also contains Headquarters, 101st Airborne Division Special Orders Number 184, dated 3 July 1971, which awarded him the PMOS 94B (Cook), effective 9 June 1971.  These orders also confirm that the applicant’s unit of assignment at that time was Headquarters, 
2nd Battalion, 501st Infantry Regiment.  

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the RVN from 4 May 1971 to 2 March 1972.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to and served with the following units for the periods listed:  Headquarters and Headquarters Company (HHC), 2nd Battalion, 501st Infantry Regiment (29 May-10 August 1971; 
110th Transportation Company (3 September-4 February 1972); and HHC, 
34th General Support Group (5 February-27 February 1972).

5.  On 18 February 1972, Headquarters, 34th General Support Group published Special Orders Number 49, which directed the applicant’s reassignment to the WODL Transfer Station, Oakland California on 2 March 1972.  An Installation Clearance Record (DA Form 137), which the applicant authenticated with his signature, confirms his final out-processing from the 34th General Support Group was completed on 27 February 1972.

6.  On 2 March 1972, Headquarters, United States Army Personnel Center, published Special Orders Number 62, which directed the applicant’s release from active duty (REFRAD) on 2 March 1972.  Accordingly, the applicant was honorably released from active duty (REFRAD) on that date.  The DD Form 214 he was issued at the time shows he completed a total of 3 years, 2 months and 
5 days of active military service.  Item 12 lists his last unit of assignment as “110th TC 34th GSG USARV” and Item 23a contains an entry indicating he held the PMOS of 94B2O (Cook) on the date of his separation.  The applicant authenticated the DD Form 214 with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD. 

7.  Army Regulation 635-5 (Separations Document) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214, and contains item-by-item preparation instructions for the DD Form 214.  The instructions for Item 12 in effect at the time of the applicant's REFRAD stated, in pertinent part, to enter the losing organization shown in the standard name line of the reassignment orders for a member who was assigned to a transfer activity, and to include the title of the major command or agency having jurisdiction over the losing unit of assignment.  The instructions for Item 23a stated to enter the member's PMOS, as listed on the DA Form 20. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that Items 12 and 23a should be corrected has been carefully considered.  However, there is insufficient evidence to support this claim.  The evidence of record confirms that although the applicant did serve with HHC, 2nd Battalion, 501st Infantry Regiment, during the initial part of his RVN tour, the unit from which he was reassigned to the transfer activity at Oakland, California, was HHC, 34th General Support Command, which is the unit he served in during the final months of his RVN tour and the unit that is properly recorded in Item 12 of his DD Form 214.  His record also confirms that on the date of his REFRAD, he held the PMOS of 94B, as evidenced by orders on file in his MPRJ and an entry on his DA Form 20, and that this PMOS is properly listed in Item 23a of his DA Form 20.  As a result, given the entries in question are correct as documented in his record, there is an insufficient evidentiary basis to support granting the requested relief.    

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _ 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)                                         AR20080010167



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010167


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1