IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090009939
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 records be corrected to show that he served as a truck driver in Vietnam.
2. The applicant states that he never cooked when he was assigned to Vietnam. He explains that he enlisted to be a cook, was trained to be a cook, and reenlisted as a cook. However, when he arrived in Vietnam, he was told he was going to be a rations driver (which was a truck driver). After having a hernia, he was given the job as laundry and bath specialist while in Vietnam. After he returned to the United States, he was given duties as a cook once again.
3. The applicant does not provide any additional documents.
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's military records show that he enlisted in the Regular Army on 17 February 1969, was awarded the military occupational specialty (MOS) of cook, and was promoted to pay grade E-3. He served in Germany from 11 September to 3 October 1969.
3. He immediately reenlisted in the Regular Army on 18 October 1969 as a cook. He served in Vietnam from 12 December 1969 to 14 November 1970. While in Vietnam, his DA Form 20 (Enlisted Qualification Record) shows that he served as a cook.
4. On 23 October 1970, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for absenting himself from his place of duty, to wit, the laundry section, 12th Evacuation Hospital.
5. The applicant's DA Form 20 shows that the applicant continued to serve as a cook after his return to the United States from Vietnam.
6. The applicant again reenlisted on 20 April 1971 and was given a general discharge on 27 June 1972 for unsuitability. The MOS on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is listed as cook.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military records show that he enlisted to be a cook, he was assigned to cook positions, he reenlisted as a cook, and he was discharged as a cook.
2. While the applicant may have performed duties other than those normally associated with a cook's MOS (which appears to be the case based on the applicant's NJP showing his place of duty as the laundry section of a hospital), the DA Form 20 only shows what a Soldier's principal duty is, which is normally associated with the position the Soldier holds.
3. Since the applicant held the MOS of cook and was assigned to a cook's position in Vietnam, his records accurately reflect his principal duties as cook.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090009939
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