IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100012944 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct Service Number and military occupational specialty (MOS).

2.  The applicant states that upon entry into military service he was assigned Service Number "US -- 666 ---; however, his DD Form 214 shows Service Number "US -- 660 ---."   He also states he held MOS 11B (Light Weapons Infantryman) while assigned to Company A, 5th Battalion, 7th Cavalry,
1st Cavalry Division in Vietnam.  He was then reassigned to Korea, received
on-the-job training, and was promoted in MOS 76Y (Unit and Organization Supply).

3.  The applicant provides copies of his DD Form 214, DA Form 20 (Enlisted Qualification Record), and induction orders 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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States (AUS) on 20 June 1967.  Item 2 (Service Number) shows the entry "US-- 666 ---."

3.  Armed Forces, Examining and Entrance Station, Oklahoma City, Oklahoma, Special Orders Number 120, dated 20 June 1967, shows the applicant was inducted in the AUS and entered active duty for a period of 24 months on
20 June 1967.  This order also shows the applicant's Service Number was
"US--666---."

4.  The applicant's DA Form 20 shows in:

   a.  item 1 (Name and Service Number) "US--666---"; and 

   b.  item 38 (Record of Assignments) that he was assigned to Company B,
4th Battalion, 2nd Advanced Individual Training (AIT) Brigade, U.S. Army Training Center, Infantry, Fort Polk, Louisiana, from 30 March through 9 May 1968 to attend AIT in MOS 11B1O; and

   c.  item 31 (Foreign Service) that he served in the U.S. Army Pacific in:

       (1)  Vietnam from 2 July 1968 through 9 August 1968.

       (2)  Korea from 10 August 1968 through 9 July 1968.

5.  Headquarters, Fort Devens, Massachusetts, Special Orders Number 57, dated 9 March 1968, assigned the applicant to the U.S. Army Training Center, Infantry, Fort Polk, Louisiana, with a report date of 17 March 1968 for training in MOS 11B1O.

6.  Headquarters, 1st Cavalry Division (Airmobile) [Vietnam], Special Orders Number 189, dated 7 July 1968, assigned the applicant to Company A,
5th Battalion, 7th Cavalry, effective 10 July 1968.  The orders show, at the time, the applicant's MOS was 11B1O.

7.  Headquarters, 1st Air Cavalry Division [Vietnam], Special Orders Number 220, dated 7 August 1968, assigned the applicant to the 177th Replacement Company, 38th Replacement Battalion [Korea], effective 13 August 1968.  The orders show, at the time, the applicant's MOS was 11B1O.
8.  Headquarters, 38th Replacement Battalion [Korea], Special Orders Number 204, dated 13 August 1968, assigned the applicant to the 177th Replacement Company, effective 16 August 1968, in duty MOS 76A1O.

9.  Headquarters, Eighth Field Army Support Command [Korea], Special Orders Number 330, dated 4 December 1968, withdrew the applicant's primary MOS of 11B1O and awarded him primary MOS 76Y2O, effective 15 November 1968.

10.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 205, dated 24 July 1969, released the applicant from active duty, effective 24 July 1969.  The orders show, at the time, the applicant's MOS was 76Y2O.

11.  The applicant's DD Form 214 shows he was honorably released from active duty on 24 July 1969, based on completion of required active service, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 11 months, and 22 days of net active service this period and 11 months and
9 days of foreign service.  It also shows in:

   a.  Item 2 (Service Number) the entry "US -- 660 ---"; and

   b.  Item 23a (Specialty Number and Title) the entry "76Y2O Unit & Organ Supply."

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date; and 

   b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions for:

       (1)  item 2 state enter the individual's service number and authorized prefix. 
       (2)  item 23a enter primary MOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct Service Number and MOS 11B.

2.  The evidence of record shows the applicant was assigned Service Number "US -- 666 ---" upon induction in the AUS.  The evidence of record also shows that his Service Number is incorrectly recorded in item 2 of his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214.

3.  The evidence of record shows the applicant:

   a.   attended AIT for MOS 11B from 30 March through 9 May 1968 and he was awarded primary MOS 11B1O;

   b.  held MOS 11B1O as his primary MOS while serving in Vietnam;

   c.  was assigned to Korea, his primary MOS of 11B1O was withdrawn, and he was assigned primary MOS 76Y2O on 15 November 1968; and

   d.  MOS 76Y2O is recorded in item 23a of the applicant's DD Form 214.

4.  The evidence of record shows that the primary MOS code number and title will be entered in item 23a of the DD Form 214.  The evidence of record also shows that item 23a of the applicant's DD Form 214 shows the primary MOS code and title he held at the time of his release from active duty.  Therefore, there is no basis for correction of the applicant's DD Form 214 in this instance.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 2 of his DD Form 214 the entry "US -- 660 ---"; and

   b.  adding to item 2 of his DD Form 214 the entry "US -- 666 ---."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his MOS.  



      _______ _   __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)                                         AR20100012944



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ABCMR Record of Proceedings (cont)                                         AR20100012944



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