Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100022181
Original file (20100022181.txt) Auto-classification: Denied

		

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100022181 


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, item 25a (Specialty Number and Title) of his DD Form 214 (Report of Transfer or Discharge) be amended.

2.  The applicant states:

* The last year of his service he was attached to the Public Information Office (PIO) as a combat photographer and writer in Vietnam
* He was asked to volunteer for the PIO because he had experience in both writing and photography

3.  The applicant provides:

* Three photographs he took in Vietnam
* 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 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 12 September 1963 for a period of 3 years.  

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he was awarded military occupational specialty (MOS) 71J (pay specialist) on 21 May 1964
* he served in duty MOSs 71J, 73C (computer), and 71Q (information specialist) during his assignment in Vietnam 

4.  On 15 June 1966, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 

5.  Item 25a of his DD Form 214 shows the entry "71J2P PAY SPEC" [specialist].  

6.  There is no evidence of record and the applicant did not provide any evidence which shows he completed training in or was awarded an MOS for combat photography and writer.   

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the primary MOS will be entered in item 25a on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

No evidence shows he completed training in or was awarded an MOS for combat photography and writer.  Therefore, there is no basis for granting his request to amend item 25a of 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)                                         AR20100022181



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022181



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2007 | 20070011591

    Original file (20070011591.TXT) Auto-classification: Approved

    Evidence of record further shows that his grade is correctly reflected in Item 3a of his DD Form 214. Evidence of record further shows that PMOS 72M2P is correctly reflected in Item 25a of his DD Form 214. As a result, the Board recommends denial of so much of the application that pertains to change the applicant's grade, MOS, and civilian occupation associated with this MOS; listing his certificate of achievement, letter of commendation, Soldier of the Month Award, and the Cold War...

  • ARMY | BCMR | CY2011 | 20110008547

    Original file (20110008547.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review. _______ _ 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.

  • ARMY | BCMR | CY2007 | 20070006849

    Original file (20070006849.txt) Auto-classification: Approved

    Section 9 – (Medals, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) show that Headquarters, United States Army Special Forces, Vietnam Special Orders 76, dated 22 July 1964 awarded him the "Medical Badge." Evidence of record shows that the applicant completed the Republic of Vietnam Special Forces Parachute training on 24 May 1964. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by deleting...

  • ARMY | BCMR | CY2009 | 20090000961

    Original file (20090000961.txt) Auto-classification: Approved

    The evidence of record shows the applicant was awarded the Vietnam Service Medal. With respect to the applicant's MOS, the evidence of record shows the applicant completed formal training for and was awarded two specialties, 51M (Firefighter) and 11B (Light Weapons Infantry), one of which is not listed on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the entry "11B Light Weapons Infantryman"...

  • ARMY | BCMR | CY2004 | 20040000119C070208

    Original file (20040000119C070208.doc) Auto-classification: Approved

    Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) states that he was enroute to U.S. Army, Europe on 23 April 1960 and returned to the United States on 19 April 1961. Item 33 (Assignments) of his DA Form 20 (Enlisted Qualification Record ) shows he served with the 51st Signal Battalion in Korea from 28 April to 11...

  • ARMY | BCMR | CY2013 | 20130007005

    Original file (20130007005.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded 11B2P (Light Weapons Infantryman) as his secondary military occupational specialty (MOS). His DA Form 20 also shows that while he was in Vietnam he was performing duties in MOS 95B2P.

  • ARMY | BCMR | CY2010 | 20100028261

    Original file (20100028261.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests 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 95B (Military Police (MP)) vice 63A (Mechanical Maintenance Helper). As such, his DD Form 214 correctly reflects his MOS at the time of his REFRAD as 63A.

  • ARMY | BCMR | CY2013 | 2013001987

    Original file (2013001987.txt) Auto-classification: Denied

    He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 76A (Supply Clerk). The applicant contends he should be awarded the CIB because he served with the 1st Battalion, 5th Cavalry Regiment in the Republic of Vietnam. The evidence of record shows he was assigned to the 1st Battalion, 5th Cavalry Regiment during his service in the Republic of Vietnam.

  • ARMY | BCMR | CY2013 | 20130019875

    Original file (20130019875.txt) Auto-classification: Denied

    He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 76A (Supply Clerk). The applicant contends he should be awarded the CIB because he served with the 1st Battalion, 5th Cavalry Regiment in the Republic of Vietnam. The evidence of record shows he was assigned to the 1st Battalion, 5th Cavalry Regiment during his service in the Republic of Vietnam.

  • ARMY | BCMR | CY2011 | 20110023591

    Original file (20110023591.txt) Auto-classification: Denied

    The applicant requests correction of his DA Form 20 (Enlisted Qualification Record) to show the military occupational specialty (MOS) of 72B, Communications Center Specialist, for his period of service in Vietnam from 1970 to 1971. His records show he served continuously on active duty through several reenlistments until he was honorably discharged on 2 August 1974. There is no evidence of record and he provides none to show he served in MOS 72B during his period of service in Vietnam from...