IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090017464 


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, through his Member of Congress, correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as a gunner instead of a clerk typist.

2.  The applicant states he was drafted at the age of 19 and he was sent to Vietnam in 1970.  His MOS was that of a clerk but his unit, Battery B, 1st Battalion, 44th Air Defense Artillery, did not need a clerk and integrated him into a combat position.  He was a gunner on a track vehicle used to protect a firebase.  His unit was involved in combat missions with their big guns and cannons.  He remembers that several men were medically evacuated.  He is now being told by officials at the Department of Veterans Affairs (VA) that there is no record of him being in combat.  He recently contacted former members of his unit who can attest to his service and combat.

3.  The applicant provides a letter, dated 16 November 2006, from a medical doctor; two statements, dated 9 February 2007 and 28 April 2009, from former unit members; a copy of a photograph of a jeep; a photograph of a map; a copy of his DD Form 214, dated 17 November 1971; a VA Form 21-4138 (Statement in Support of a Claim), dated 8 October 2009; a copy of an undated VA Form 
07-3101 (Request for Information); and a copy of his VA rating decision, dated 1 June 1972, in support of his request.



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 applicant’s 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 applicant’s 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 records show he was inducted into the Army of the United States on 16 March 1970.  He completed basic combat and advanced individual training and was awarded MOS 05B (Radio Operator).

3.  His records show he served in Vietnam from on or about 17 November 1970 to 16 November 1971.  He was assigned as a Radio Operator with B Battery, 1st Battalion, 44th Artillery.

4.  Item 22 (MOS) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS (PMOS) 71B (Clerk Typist) on 23 November 1970.

5.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 17 November 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, 2 overseas service bars, and the Vietnam Campaign Medal.

7.  He submitted the following documents:

	a.  A statement, dated 16 November 2006, from a medical doctor indicates he has treated the applicant for post traumatic stress disorder (PTSD) and alcohol abuse.  He also describes the applicant as an impulsive person with emotional stress, interpersonal problems, and alcohol abuse challenges.

	b.  A statement, dated 9 February 2007, from Mr. DKM, a former unit member, indicates he served with the applicant in the same unit and testifies that the applicant was a gunner in his gun section from July 1971 through November 1971.  Mr. DKM adds that although the applicant's MOS was that of a typist, he served as a gunner in his line battery.

	c.  A statement, dated 28 April 2009, from Mr. JAR, a former unit member, indicates he served with the applicant from September 1970 through September 1971 and that the applicant was a gunner in his squad.

	d.  A copy of a VA Form 21-4138, dated 8 October 2009, wherein Mr. JAR again restates the applicant was a gunner in his section and goes on to describe an incident that occurred during his service.

	e.  A copy of his VA Rating Decision, dated 1 June 1972, showing the applicant was diagnosed with various medical conditions.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  During the Vietnam War, item 11 of the DD Form 214 showed the specialty number and title at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his MOS as that of a gunner.

2.  The available evidence indicates the applicant was trained in MOS 05B; however, upon his arrival in Vietnam, he was awarded MOS 71B.  He held that MOS at the time of his release from active duty and it is correctly shown on his DD Form 214.  

3.  There is no official evidence that shows the applicant was formally trained or receive on the job training for an air defense artillery MOS or that he served in an air defense artillery MOS as a gunner.  Notwithstanding the statements provided by his former unit members, in the absence of a certificate of training or evidence that shows he completed the training and was awarded an air defense artillery MOS, there is insufficient evidence to correct his DD Form 214 to show his MOS as a gunner.
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)                                         AR20090017464



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ABCMR Record of Proceedings (cont)                                         AR20090017464



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