IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100020325
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as infantry in addition to his combat engineer MOS.
2. The applicant states his DD Form 214 does not reflect his infantry experience while assigned to the 14th Infantry during his first few months in Vietnam.
3. The applicant provides no additional documentary evidence.
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 5 October 1965. The highest rank/grade he attained was specialist four (SP4)/E-4.
3. Item 22 (MOS) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 11B (light weapons infantryman) as his primary MOS on
25 February 1966. He was awarded primary MOS 12B (combat engineer) on 5 January 1967 and his MOS of 11B was simultaneously designated as his secondary MOS.
4. Item 38 (Record of Assignments) of his DA Form 20 shows that while he was in Vietnam he was assigned to:
* Headquarters and Headquarters Company, 2d Battalion, 14th Infantry performing duties as a rifleman during the period 23 April to 5 September 1966
* Company C, 65th Engineer Battalion, 25th Infantry Division performing duties as a combat engineer during the period 6 September 1966 to
25 April 1967
5. He was honorably released from active duty on 4 October 1967 by reason of expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 2 years of total active service.
6. Item 23a (Specialty Number and Title) of his DD Form 214 contains the entry, "12B2O Combat Engineer."
7. Unit Orders Number 47, issued by Company C, 65th Engineer Battalion, dated 10 December 1966, appointed the applicant to the rank of SP4/E-4 in MOS 12B. His orders releasing him from active duty show his MOS was 12B at that time.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the 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 regulation in effect at the time stated that for item 23a, enter the Soldier's primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. It is understandable that he would like his DD Form 214 to show his infantry experience in Vietnam. His military personnel records show he was initially awarded an infantry MOS and assigned to perform duties as a rifleman in Vietnam. However, during the remainder of his service, his primary MOS was 12B combat engineer and he was assigned accordingly.
2. Regulatory policy prescribed that only the primary MOS would be entered on the DD Form 214. Therefore, at the time his DD Form 214 was completed and issued, it correctly showed his primary MOS code number and title as "12B Combat Engineer."
3. Regrettably, in view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100020325
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100020325
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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