IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090020924
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was an infantryman vice a clerk-typist.
2. The applicant states he served with the Military Assistance Command, Vietnam (MACV), 23rd Infantry. He wore all of the ribbons and insignia of the infantry.
3. The applicant provides a copy 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. The applicant was inducted into the Army of the United States on 9 August 1965 and he served until he was honorably released from active duty as an overseas returnee on 12 May 1967.
3. The applicant's records contain a DA Form 20 (Enlisted Qualification Record) that shows he attended the 8-week clerk-typist course at Fort Leonard Wood, MO and he was awarded military occupational specialty (MOS) 71B (Clerk-Typist). It also shows the following record of assignments:
9 August 1965
USA Reception Station, Fort Knox, KY
23 August 1965
Basic Combat Training, Fort Knox, KY
1 November 1965
Basic Army Administration, Fort Leonard Wood, MO
29 December 1965
Service Company, US Army Signal Center, Fort Gordon, GA
7 May 1966
Arrival in Vietnam
14 May 1966
Security Guard, Advisory Team 32, II Corps Advisory Group, MACV
11 May 1967
US Army Personnel Center, Oakland, CA
12 May 1967
Honorable Separation
4. During his assignment as a security guard, the DA Form 20 shows he performed duties in MOS 11B (Infantryman), but it also shows he was never awarded MOS 11B.
5. There are no orders in the applicant's records awarding him the 11B MOS.
6. Special Orders Number 353, Headquarters, United States Military Assistance Command, Vietnam, dated 21 December 1966, promoted the applicant from private first class (PFC/E-3) to specialist four (SP4/E-4) in MOS 71B.
7. 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 his/her military service. It is important that information entered on the form 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. Item 25 of the DD Form 214 reflects military occupational specialties. This Item contains the Soldier's primary MOS code and title, not any duty MOSs in which the Soldier may have served.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his MOS changed on his DD Form 214 to show he was an infantryman.
2. The applicant did not attend infantry advanced individual training; he attended clerk-typist training. He was never awarded MOS 11B except as a duty MOS when he was assigned as a security guard with Advisory Team 32, II Corps Advisory Group, MACV.
3. The applicant was promoted while in Vietnam. He was promoted in MOS 71B.
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) AR20090020924
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ABCMR Record of Proceedings (cont) AR20090020924
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