IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090020959 


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 item 23a (Specialty Number and Title) on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 20 July 1971 be changed to show MOS 11C1O (Infantry Indirect Fire Crewman) instead of MOS 76P2O (Stock Control and Accounting Specialist).

2.  The applicant states the following:

   a.  His DD Form 214 shows he served in Vietnam from September 1967 to 
August 1968 and his military occupational specialty (MOS) is in error.

   b.  He completed basic combat training at Fort Benning, GA in August 1966.
He was then sent to Fort Rucker, AL to complete advanced individual training (AIT) in MOS 11C1O.

   c.  He served in MOS 11C1O while assigned to the 1st Battalion (Mechanized), 5th Infantry, 25th Infantry Division in Vietnam from 1967 to 1968.

3.  The applicant provides a copy of his DD Form 214 for the period ending 20 July 1971 in support of his application.  





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 was inducted into the Army of the United States on 23 August 1966.  He completed basic combat training at Fort Benning and he was sent to Fort Rucker for AIT.  

3.  Headquarters, 197th Infantry Brigade, Fort Benning, Special Orders Number 8, dated 11 June 1967, show the applicant was awarded MOS 11C1O effective
1 January 1967.  

4.  His DA Form 20 (Enlisted Qualification Record) shows the following:

   a.  item 22 (Military Occupational Specialties) show he was awarded MOS 11C2O (Infantryman Indirect Fire Crewman) on 1 January 1967.

   b.  item 31 (Foreign Service) shows he served in Vietnam from 15 September 1967 through 11 August 1968.

   c.  item 38 (Record of Assignments) shows he served in:

       (1)  duty MOS 11C1O as an ammunition bearer while assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized),
5th Infantry (Vietnam) from 18 September through 27 September 1967.

       (2)  duty MOS 11C2O as a mortar carrier driver while assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized),
5th Infantry (Vietnam) from 28 September 1967 through 5 August 1968.

5.  On 10 August 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  
6.  Item 23a of his DD Form 214, dated 10 August 1968, shows the entry “11C1O MORTAR.”

7.  The applicant’s DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the Regular Army on 30 November 1970.  Block 48 shows he enlisted for MOS 76P2O.

8.  Headquarters, U.S. Army Quartermaster School Brigade, Fort Lee, Virginia, Special Orders Number 41, dated 25 February 1971, awarded the applicant MOS 76P2O as his primary MOS and MOS 11C1O was withdrawn and became his secondary MOS effective 26 February 1971.  

9.  The applicant was discharged on 20 July 1971 for the purpose of immediate reenlistment.  Item 23a on his 20 July 1971 DD Form 214 shows his MOS as 76P2O, Stock Control Accounting Specialist.

10.  The applicant reenlisted on 21 July 1971 and continued to serve on active duty until he was discharged on 14 August 1978.  

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time directed that the primary MOS code number and title would be entered in item 23a of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 20 July 1971 DD Form 214 should be corrected to show MOS 11C1O in item 23a.  However, the available evidence does not show that an error occurred.  

2.  The available evidence shows the applicant completed AIT and was awarded MOS 11C1O in January 1967 and this MOS is recorded in item 23a on his
DD Form 214 covering the period 23 August 1966 to 10 August 1968. 

3.  The applicant enlisted in the Regular Army on 30 November 1970 for training in MOS 76P2O.  




4.  Orders published in February 1971 awarded the applicant primary MOS 76P2O.  This was the primary MOS he held at the time of discharge on 20 July 1971.  The governing regulation in effect at the time directed that only the primary MOS would be recorded in item 23a.  Therefore, his 20 July 1971 
DD Form 214 properly reflects MOS 76P2O in item 23a.  

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)                                         AR20090020959



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ABCMR Record of Proceedings (cont)                                         AR20090020959



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