IN THE CASE OF:	  

		BOARD DATE:	      17 June 2010

		DOCKET NUMBER:  AR20090017672 


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 correction of his DD Form 214 (Report of Separation from Active Duty) to show his primary military occupational specialty (PMOS) as 11B4P (Light Weapons Infantryman - Parachutist).

2.  The applicant states he asked the clerk to correct his PMOS on his discharge document to show 11B4P.  He states that PMOS 71L4P (Administrative Specialist - Parachutist) is wrong.  The clerk made the correction to his copy of the discharge document.  However, the Army did not correct its records to show his PMOS was 11B4P.

3.  In addition, he states he served with the 1st Battalion, 501st Infantry, 101st Airborne Division, in the Republic of Vietnam in the rank and grade of sergeant/pay grade E-5 from July 1970 to July 1971.  He states he served during combat operations and received the following awards:

* Combat Infantryman Badge (CIB)
* Bronze Star Medal (BSM)
* Air Medal
* Army Commendation Medal (ARCOM)
* Republic of Vietnam Campaign Medal with Device (1960)

4.  Prior to his overseas tour in the Republic of Vietnam, he attended advanced infantry school at Fort Gordon and jump school at Fort Benning.  He served with the 82nd Airborne Division at Fort Bragg prior to deploying overseas.

5.  He concludes by stating this PMOS error on his discharge document is affecting his post-traumatic stress disorder and diabetes claims for Vietnam combat-related special compensation.

6.  The applicant provides two copies of his DD Form 214; a personal reference letter; and a letter from the Department of Veterans Affairs, dated 9 September 2009.

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 enlisted in the Regular Army on 30 January 1969 for a 3-year period.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that he attended basic combat training at Fort Bliss from 5 February 1969 to on or about 23 April 1969.  Next, he attended advanced individual training at Fort Gordon for MOS 11B.  He concluded his training at Fort Benning, completing basic airborne training on 17 July 1969.

3.  A review of his DA Form 20 shows his first duty assignment was at Fort Bragg with the 82nd Airborne Division in duty MOS (DMOS) 71B3P (Clerk Typist - Parachutist).  Item 22 (Military Occupational Specialty) shows his PMOS was 71L2P.  

4.  The applicant received a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) discharging him on 22 December 1969 for the convenience of the government for the purpose of an immediate reenlistment.  His net active service was 10 months and 23 days.  This form shows in item 23a (Specialty Number and Title) the entry "71B2P clerk typist."  Item 25 (Education and Training Completed) shows he completed the following training:

* Army Training Program 21-114 (known as basic training for male recruits without prior service)
* Code of Conduct
* Military Justice
* Basic Airborne
* Chemical, Biological, and Radiological (CBR)

5.  Headquarters, 82nd Airborne Division at Fort Bragg issued Special Orders Number 322, dated 20 December 1969, discharging the applicant and immediately reenlisting him in the Regular Army for a 6-year active duty commitment.  The applicant's permanent grade upon reenlistment was specialist four with a date of rank of 6 November 1969.  The applicant's standard name line on this order shows his name, social security number, grade, and MOS.  The MOS identified in this standard name line is 71B2P.

6.  Headquarters, 101st Airborne Division (Airmobile), issued Special Orders Number 347, dated 13 December 1970, promoting the applicant to pay grade E-5 and awarding him PMOS 71B3O.  The applicant's standard name line on this order also shows his PMOS as 71B2O prior to his promotion.

7.  The applicant's DA Form 20 contains an entry in item 22 which shows his PMOS as "71L2P Administrative Specialist" effective 16 August 1971.  The second entry, which is lined through, shows his secondary MOS (SMOS) as "11B4P Light Weapons Infantryman" effective 20 June 1969.

8.  The applicant served in the Republic of Vietnam from 9 July 1970 to 4 July 1971.  During this period, his DA Form 20 shows the following assignments:

* 22 July 1970, DMOS 11B2P, Rifleman, Company B, 1st Battalion (Air Mobile) 501st Infantry
* 5 August 1970, DMOS 71H2O, Company Clerk, Headquarters and Headquarters Company (HHC), 1st Battalion (Air Mobile), 501st Infantry
* 15 August 1970, DMOS 71F2O, Postal Clerk, HHC, 1st Battalion (Air Mobile), 501st Infantry
* 16 November 1970, DMOS 71B3O, Clerk Typist, HHC, 1st Battalion (Air Mobile), 501st Infantry
* 24 February 1971, DMOS 11B4O, Infantry Squad Leader, Company B, 1st Battalion (Air Mobile), 501st Infantry

9.  A review of the applicant's OMPF contains the following award orders issued by Headquarters, 101st Airborne Division (Airmobile).

	a.  General Orders Number 670, dated 19 January 1971, awarded him the ARCOM.  His standard name line shows his MOS as 71B3O.

	b.  Special Orders Number 134, dated 14 May 1971, awarded him the CIB effective 12 April 1971.  His standard name line shows his MOS as 11B2O.

	c.  General Orders Number 4742, dated 23 May 1971, awarded him the Air Medal for the period of service from 1 August 1970 to 11 April 1971.  His standard name line shows his MOS as 11B4O.

	d.  General Orders Number 5473, dated 3 July 1971, awarded him the BSM for the period of service from July 1970 to July 1971.  His standard name line shows his MOS as 71B3O.

10.  The Armed Forces, Republic of Vietnam, issued General Order Number 20, dated 10 June 1971, awarding the applicant and others the Republic of Vietnam Gallantry Cross with Bronze Star.  The applicant was cited as follows:

During Operation Lam-Son 719 in Laos, he demonstrated heroism while serving the leader of an element by zealously leading his troops during combat to destroy Communist installations, creating losses of eight Vietcong killed in action and six AK-47's confiscated.

11.  After his tour in the Republic of Vietnam, the applicant's DMOS was 71L4O, with principal duty as an Administrative Supervisor at Headquarters, U.S. Army Combat Developments Command, stationed at Fort Belvoir.  This headquarters issued Special Orders Number 160, dated 18 August 1972, awarding him PMOS 71L2P and withdrawing PMOS 71B3P effective 16 August 1971.

12.  The applicant's OMPF contains a letter issued by the U.S. Army Enlisted Evaluation Center, dated 28 March 1973, notifying the applicant's commander that an Enlisted Evaluation Data Report (EEDR) issued November 1972 was invalid.  The center advised the commander to withdraw and cancel all references to the invalid PMOS 11B4P.  Attached to that letter was the applicant's EEDR in which his MOS test ratings as an Infantryman were recorded.  He scored "very low," the lowest rating of a 5-field rating system.

13.  On 12 December 1975, the applicant was honorably discharged.  He was issued a DD Form 214 showing he completed 5 years, 11 months, and 20 days of net active service and his total active service was 6 years, 10 months, and 26 days.  Copy 2 of his DD Form 214, the service copy, is filed in his OMPF containing carbon signatures of the applicant and authorizing official.  Copy 2 of his DD Form 214 shows the following:

	a.  Item 16a (Primary Specialty Number and Title) shows his PMOS as 71L2P and the PMOS evaluation date shows February 1975 with an evaluation score of 88 and title of Personnel Administrator.

	b.  Item 17a (Secondary Specialty Number and Title) shows his SMOS as 11B2B and the SMOS evaluation date shows November 1974 with an evaluation score of 111 and title of Infantryman.

	c.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Good Conduct Medal 2nd Award
* National Defense Service Medal
* Air Medal
* BSM
* ARCOM
* Republic of Vietnam Campaign Medal with Device (1960)
* "RVC"
* CIB
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

14.  As evidence to support his application, the applicant provided two copies of his DD Form 214 with a separation date of 12 December 1975.  The first DD Form 214 is legible with no observable corrections made to the original document.  The second DD Form 214 shows the following discrepancies from the originally-published document to include a different type font:

	a.  Item 16a shows his PMOS as 11B4P with no effective date and the title Airborne Infantry.

	b.  Item 17a shows his SMOS as 71LP4 with no effective date and the title personnel.

15.  References:

	a.  Army Regulation 600-200 (Enlisted Personnel Management System) prescribes the policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Specifically, designation of PMOS and SMOS will be announced in special orders and recorded on the Enlisted Qualification Record.  The SMOS provides an alternate occupational specialty for assignment purposes when conditions require utilization in other than the PMOS.  The DMOS is the MOS identified on the authorized unit manning table as the position to which a Soldier is assigned and performing duty.

	b.  Army Regulation 611-201 (Enlisted MOS Structure and Career Management Fields) provides the enlisted MOS classification structure for the U.S. Army.  Enlisted personnel management will be based on the career management fields within this regulation.  Career management field 71 represents the administrative career management field with MOS 71L titled Administrative Specialist.

	c.  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.  This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.

		(1)  The source documents used in the preparation of the DD Form 214 include the Enlisted Qualification Record, official orders, and all available documents in the Soldier's OMPF.

		(2)  The DD Form 214 may be corrected at the separation transfer point as follows:

		(a)  Typographical errors in words or abbreviations only may be corrected by erasure and overtype.  All other corrections will be by retyping the form.

		(b)  Correction must be made prior to departure of the separating Soldier from the separation transfer point and prior to distribution of copies of the DD Form 214.

		(c)  Corrections will be initialed by the authorized signing official on all corrected copies.

		(d)  After a Soldier departs from the separation transfer point or if distribution is made, the DD Form 214 will be corrected only by issuance of a DD Form 215 (Correction of DD Form 214).

		(3)  For item 16a, enter the PMOS code, title, date of award, and PMOS evaluation score and date of score.

		(4)  For item 17a, enter the SMOS code, title, and date of award.  The evaluation score for the SMOS is not required.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant received awards for his Infantry service in the Republic of Vietnam to include the CIB, the orders were issued awarding these individual decorations showing the applicant's MOS as 11B at the time of the award.  The exception is his BSM general order which shows his PMOS as 71B3O.

2.  The applicant's contention that he told the separation clerk to correct his DD Form 214 to show his PMOS as 11B4P calls into question the validity of one of the DD Forms 214 he presented to the Board for its consideration.  In order for a correction to a DD Form 214 to be valid, the separation authorization official must initial it and only typographical errors in words or abbreviations may be corrected.  Prior to leaving the separation transfer point, a new DD Form 214 should have been prepared if in fact his PMOS and SMOS were incorrect as he so states.  After separation, the only means to correct a DD Form 214 is through the issuance of another form, the DD Form 215.  As the DD Form 214 he presented does not contain initials over the alleged typographical errors, its validity is questionable.

3.  The evidence of record does not support correcting the applicant's DD Form 214 to show his PMOS was 11B4P at the time of separation.  The two MOS orders filed in his OMPF show he was awarded PMOS 71B3O and then awarded PMOS 71L2P, a similar MOS within the enlisted administration career management field.

4.  In addition, the U.S. Army Enlisted Evaluation Center determined an EEDR showing his PMOS as 11B was invalid and directed the applicant's command to withdraw and cancel all references to PMOS 11B4P within the applicant's records.

5.  Therefore, based on the U.S. Army Enlisted Evaluation Center's direction to withdraw and cancel all references to PMOS 11B on 28 March 1973 in the applicant's records, the applicant's PMOS upon separation on 12 December 1975 was not 11B.  At the time of separation, his PMOS was PMOS 71L and his SMOS was 11B which is correctly shown on the unaltered DD Form 214 maintained in his OMPF. 

6.  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 that requirement.
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)                                         AR20090017672



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ABCMR Record of Proceedings (cont)                                         AR20090017672



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