IN THE CASE OF:	  

		BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090014792 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing his military occupational specialty (MOS) as 11B (Infantryman) instead of MOS 35K (Avionics Mechanic).  As new issues, he requests correction of his DD Form 214 to show award of the Army Commendation Medal (ARCOM) with "V" Device and the Combat Infantryman Badge (CIB).

2.  The applicant states his awards were omitted from item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 and item 23a (Specialty Number and Title) should be changed to 11B.

3.  The applicant provides the following documents in support of his application:  Special Orders Number 105, dated 15 April 1970; General Orders Number 5921, dated 16 April 1970; and internet information regarding combat badges.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080016096 on 8 January 2009.

2.  The applicant provided new issues and new evidence that will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 2 December 1968.  He completed basic combat and advanced individual training at Fort Gordon, Georgia.

4.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 35K on 20 June 1969.  There are no other awarded specialties (primary, secondary, or additional) listed in item 22.  Item 27 (Military Education) of his DA Form 20 contains one entry confirming he completed the18-week MOS 35K course in 1969.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in Vietnam from 22 August 1969 through 5 July 1971.  The principle duty portion of item 38 (Record of Assignments) contains entries confirming the applicant served in an authorized 35K position during the entire period he was assigned to the 1st Cavalry Division in Vietnam.  There are no principle duty entries in item 38 that indicate the applicant was ever assigned to or performed duties in an 11B position during his assignment tenure in the RVN.  

6.  Special Orders Number 105, dated 15 April 1970, show the applicant was awarded the CIB on 14 March 1970.  These orders list the applicant's MOS as 11B in the standard name line.

7.  General Orders Number 5921, dated 16 April 1970, show the applicant was awarded the ARCOM with "V" Device for action on 18 March 1970.

8.  The applicant's service records contain no orders that indicate he was ever awarded an MOS other than 35K during his active duty tenure.

9.  The last orders published for the applicant by the 1st Cavalry Division in Vietnam were date-eligible-to-return-from-overseas orders, dated 2 February 1971.  These orders list the applicant's MOS as 35K in the standard name line.  Separation orders issued by the Army Personnel Center, Oakland, California, dated 5 July 1971, also list the applicant's MOS as 35K in the standard name line.

10.  On 5 July 1971, the applicant was honorably released from active duty after completing 2 years, 7 months, and 4 days of active military service.

11.  The applicant's DD Form 214 shows his MOS as "35K2O Avionics Mechanic" in item 23a.

12.  Item 25 (Education and Training Completed) of his DD Form 214 contains one entry which shows "Avionics Mechanic, 35K2O, USASESS, 18 WKS, 69."  There are no entries on the DD Form 214 that indicate he completed training in MOS 11B or that he was ever awarded and/or held MOS 11B during his active duty tenure.

13.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, the Army Commendation Medal, and the Bronze Star Medal.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time provided for entering the primary MOS held on the date of separation in item 23a and for listing all formal military education completed during the period covered by the DD Form 214 in item 25.  There were no provisions that provided for entering a secondary, additional, or duty MOS in item 23a or that allowed for entering on-the-job training in item 25.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he held MOS 11B was considered.  However, the evidence of record does not confirm he was ever awarded MOS 11B.  

2.  The regulation in effect at the time of the applicant's release from active duty provided for entering the primary MOS and title held on the date of separation in item 23a and for entering formal military education completed in item 25.

3.  Therefore, notwithstanding the orders provided by the applicant, absent any evidence of record showing the applicant held MOS 11B on the date of separation, there is insufficient evidence on which to base correction of his DD Form 214 to show MOS 11B instead of 35K.

4.  The April 1970 orders which awarded the applicant the CIB as an 11B, are acknowledged.  As a matter of equity, it would be appropriate to amend the applicant’s DD Form 214 to show the CIB.  

5.  Orders published on 16 April 1970 show the applicant was awarded the ARCOM with "V" Device.  Therefore, this award should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____x____  ___x_____  ___x_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Regarding the applicant's request for correction of his DD Form 214 to show award of the ARCOM with "V" Device and the CIB, the Board determined the evidence presented was sufficient to warrant partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his DD Form 214 by deleting the ARCOM and replacing it with the ARCOM with "V" Device and

	b.  amending his DD Form 214 by adding the CIB.

2.  Regarding the applicant's request for reconsideration of his request by showing his MOS as 11B instead of 35K, 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 to 
amend the decisions of the ABCMR set forth in Docket Number AR20080016096, dated 8 January 2009.




      ____________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)                                         AR20090014792



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ABCMR Record of Proceedings (cont)                                         AR20090014792



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