IN THE CASE OF:
BOARD DATE: 13 NOVEMBER 2008
DOCKET NUMBER: AR20080011792
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 his military occupational specialty (MOS) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from 94B (Cook) to 11B (Light Weapons Infantryman).
2. The applicant states that he joined the Army in 1966, enlisted in the 82nd Airborne Division and the 101st Airborne as an Infantryman, and served in the infantry until he was discharged. He also states that nowhere in his records are orders where he trained or worked as a cook, but that his DD Form 214 shows that he was a cook.
3. The applicant provides no additional evidence in support of this 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A portion of the applicants military records are not available for review. His military records appear to have been reconstructed at some point during his military service. However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.
3. The available records show that the applicant enlisted in the Regular Army on 29 August 1966 for the Airborne Army Career Group Program, but no specific MOS. He completed initial entry training and airborne training, and then served a tour in Vietnam from 12 May 1967 to 26 May 1968. He was then reassigned to Fort Bragg, North Carolina where he served until he was honorably released from active duty on 7 September 1969.
4. Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows that his MOS at the time of his release from active duty was 94B1P, which identified him as a cook with an additional skill identifier "P" showing he was airborne qualified. The applicant signed item 32 of this document, attesting to the accuracy of the information contained on that form.
5. The preponderance of his available orders, including orders which officially awarded him MOS 94B on 31 August 1968 and his separation orders published on 5 September 1969, show that his MOS was 94B and not 11B.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his MOS shown on his DD Form 214 should be changed from 94B to 11B.
2. While the applicant may have performed duties in MOS 11B as an infantryman at some point in his military career, the preponderance of the evidence shows that his awarded MOS at the time of his release from active duty was 94B1P. The applicant also signed his DD Form 214 in block 32 (Signature of Person Being Transferred or Discharged), which is his verification that his MOS was correct as annotated at the time of his release from active duty.
3. The applicant failed to provide evidence and there is no evidence in the available records which conclusively proves his MOS was 11B instead of 94B. Regrettably, in view of the foregoing, there is an insufficient basis upon which to grant relief to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War, and wishes to thank the applicant for his service in arms.
________XXX______________
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) AR20080011792
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ABCMR Record of Proceedings (cont) AR20080011792
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