IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100024629
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 a military occupational specialty (MOS) other than 94B (Cook).
2. The applicant states he hardly worked as a cook during his military service. Additionally, when he was in Vietnam he performed other missions and duties other than a cook and that upon his return from Vietnam, he was assigned to a civil affairs group and he performed other details but he was not assigned to the kitchen.
3. The applicant did not provide any additional 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's records show he was inducted into the Army of the United States and entered active duty on 14 July 1967. He completed basic combat and advanced individual training and he was awarded MOS 94B.
3. His records show he served in the Republic of Vietnam from on or about 9 December 1967 to on or about 6 December 1968. He was assigned in MOS 94B, as a cook, to the 3rd Battalion, 47th Infantry.
4. On 28 June 1968, he was promoted to specialist four/E-4 in MOS 94B.
5. Upon completing his Vietnam service, he was reassigned to Fort Lee, VA. He was assigned in MOS 94B as a cook to the 96th Civil Affairs Group.
6. He was honorably released from active duty on 11 July 1969 and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation. His DD Form 214 shows the following entries:
* Item 23a (Specialty Number and Title) shows he held MOS 94B
* Item 25 (Education and Training Completed) shows U.S. Army Training Center (USATC), Fort Ord, CA, Food Service
7. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 94B on 10 November 1967. Item 38 (Principal Duty-Organization and Station or Theater) of this form shows he served in MOS 94B throughout his military service.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It stated, in pertinent part, that item 23 shows the primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show an MOS other than 94B.
2. The evidence of records shows the applicant was trained in and held MOS 94B throughout the period covered by this DD Form 214. There is no evidence in his records and he did not provide any evidence that shows he was trained in or held any other MOS. Therefore, he is not entitled to the 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) AR20100024629
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ABCMR Record of Proceedings (cont) AR20100024629
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