IN THE CASE OF:
BOARD DATE: 06 JANUARY 2009
DOCKET NUMBER: AR20080017046
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he served as an artillery sergeant.
2. The applicant states, in effect, that his DD Form 214 reflects that he served as a cook, when in fact he served as an artillery sergeant and was promoted to the rank of staff sergeant while serving as a gunner in a 105-mm howitzer battery.
3. The applicant provides a Department of Veterans Affairs Statement in Support of Claim (VA Form 21-4138), a copy of his DD Form 214, copies of five orders, a copy of his Certificate of Completion of the Airborne Course, and a copy of his Jumpmaster Course completion.
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. The applicant enlisted in the Regular Army on 30 June 1962, for a period of 3 years under the airborne unassigned enlistment option. He completed his basic training at Fort Ord, California and remained at Fort Ord to undergo his advanced individual training. He was awarded the military occupational specialty (MOS) of a light weapons infantryman on 7 December 1962 and was transferred to Fort Benning, Georgia to undergo basic airborne training. He completed basic airborne training and was transferred to Fort Campbell, Kentucky.
3. On 6 August 1963, he was awarded a primary MOS (PMOS) of a cook (94B), while assigned to Battery C, 2nd Howitzer Battalion, 320th Artillery Regiment. He was promoted to the pay grade of E-5 on 30 November 1964.
4. On 8 July 1965, he was transferred to Vietnam with his unit and was promoted to the pay grade of E-6 in MOS 94B4P on 8 August 1966. He departed Vietnam on 4 February 1967 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on
6 February 1967 as an overseas returnee. He had served 4 years, 7 months, and 7 days of total active service and his DD Form 214 reflects in block 25a (Specialty Number and Title) that his specialty number and title was "94B4P Cook."
5. A review of the applicant's official military records fails to show that the applicant was ever awarded a field artillery MOS.
6. Army Regulation 635-5 (Personnel Separations Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that only the PMOS would be entered in block 25a.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he served as a field artilleryman in Vietnam is not in doubt, there simply is no evidence in his official records to show that he was ever awarded a field artillery MOS.
2. The evidence of record does show that he was promoted to the pay grade of E-6 while in Vietnam and that he was promoted in MOS 94B4P, which was, at the time, the MOS of a cook.
3. Accordingly, it appears that the applicant's DD Form 214 was correctly prepared to reflect the PMOS that was then and still is documented in his official record. Therefore, in the absence of evidence to the contrary, there appears to be no basis to grant his request.
4. 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:
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. The applicant and all Americans should be justifiably proud of 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) AR20080017046
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ABCMR Record of Proceedings (cont) AR20080017046
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