IN THE CASE OF:
BOARD DATE: 02 March 2010
DOCKET NUMBER: AR20090015911
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded a truck driver and a door gunner military occupational specialty (MOS).
2. The applicant states, in effect, that he served as a truck driver and after he was transferred to Vietnam he served as a door gunner. He states he was not a cook when he was in the Army.
3. The applicant provides two copies of his DD Form 214.
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. On 12 September 1968, the applicant enlisted in the Army in Milwaukee, Wisconsin, for 3 years, in the pay grade of E-1.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned principal duties in MOS 31M2O (Multichannel Transmission System) on 6 January 1969. On 4 April 1969, he was assigned principal duties in MOS 94A1O (Food Service Helper). He was transferred to Vietnam on 30 October 1969.
4. On 11 April 1970 the applicant was awarded MOS 94B1O (Food Service Specialist). He was assigned to Vietnam performing the duties as cook and he continued to perform as a cook.
5. On 13 May 1970, Special Orders Number 133 were published awarding the applicant secondary MOS 64B2O (Heavy Vehicle Driver). He was assigned to his unit as a cook and he continued to perform as a cook.
6. On 4 July 1971, he departed Vietnam. The applicant was honorably released from active duty on 7 July 1971 under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee. He was transferred to the U.S Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge. It provides, in pertinent part, that for Item 11 (Primary Specialty) list only those specialties that have been awarded in accordance with Army Regulation 611-201 and that have been held for at least 1 year.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he was awarded a truck driver and a door gunner MOS.
2. On 11 April 1970, the applicant was awarded primary MOS 94B1O. This was his official MOS.
3. The applicant's records show he was awarded MOS 64B2O as his secondary MOS. This MOS was not his primary MOS. In accordance with the Army Regulation 635-5, then in effect, only a primary MOS that was awarded in accordance with Army Regulation 611-201 and that had been held for at least
1 year would be entered on the DD Form 214. There were no provisions for including a secondary MOS on the DD Form 214; therefore, this information was properly omitted.
4. The available evidence does not show the applicant served as a door gunner.
He was assigned as a cook during most of his military service to include his Vietnam service.
5. In order to justify correction of a military record the applicant must show 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.
6. 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) AR20090015911
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ABCMR Record of Proceedings (cont) AR20090015911
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