IN THE CASE OF:
BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090018943
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show his military occupational specialty (MOS) as 96C (Interrogator) and that he was an active combat Soldier at the platoon and squad level.
2. The applicant states he does not know why his DD Form 214 has the wrong MOS and that if his DD Form 214 properly reported his extensive combat experience, he would have less trouble obtaining Department of Veterans Affairs (VA) benefits.
3. The applicant provides no documentation in support of his request. He cites his VA records, but he does not submit anything.
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 6 July 1965. He completed training as an intelligence specialist and interrogator.
3. He served briefly in Germany as an interrogator and returned to the United States and joined the 569th Military Intelligence Detachment in June 1966. He went with the unit to Vietnam.
4. The applicant served in Vietnam from 16 October 1966 to 17 June 1967 with the 569th Military Intelligence Detachment and from 18 June 1967 to 29 September 1967 with the 636th Military Intelligence Detachment, 196th Light Infantry Brigade.
5. Headquarters, 196th Light Infantry Brigade General Orders Number 1212, dated 1 September 1967, awarded the applicant the Army Commendation Medal for meritorious service for the period September 1966 to September 1967.
6. On 24 May 1968 he was separated with an honorable characterization of service. He was released early to attend college and was transferred to the U.S. Army Reserve.
7. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows that his primary MOS was changed from 96C (Interrogator) to 96B (Intelligence Analyst) on 14 June 1967, with MOS 96C being retained as his secondary MOS. Item 23a of his DD Form 214 shows 96B.
8. Army Regulation 635-5 (Personnel Separations - 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. Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214. None of the items call for the entry of combat experience. The instructions for completing item 23a call for entering the primary MOS.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he does not know why his DD Form 214 has the wrong MOS and that, if his DD Form 214 properly reported his extensive combat experience, he would have less trouble obtaining VA benefits.
2. His DD Form 214 properly records his MOS as 96B (Intelligence Analyst), the primary specialty he held upon separation.
3. The applicant may have had extensive combat experience, but there is no available evidence to show it. In addition, there is no requirement to enter this information on his DD Form 214.
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) AR20090018943
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ABCMR Record of Proceedings (cont) AR20090018943
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