IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100028933
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 military occupational specialty (MOS) as 11B (Light Weapons Infantryman) instead of 94B (Cook).
2. He states that he was never a cook and his MOS on his DD Form 214 should be changed to MOS 11B. His service to his country was as a combat Soldier and this fact should be reflected on his DD Form 214
3. He provides his 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 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 26 October 1966. He successfully completed basic combat and advanced individual training and he was awarded MOS 11B, effective 17 March 1967.
3. On 10 April 1967, he arrived in the Republic of Vietnam (RVN). On 22 April 1967, he was assigned to B Company, 2nd Battalion, 14th Infantry, 25th Infantry Division in MOS 11B, where he performed duties as a riflemen.
4. Special Orders Number 248, paragraph 22, issued by Headquarters, 25th Infantry Division, dated 5 September 1967, show his primary MOS of 11B was withdrawn and he was awarded the primary MOS on 94B with a secondary MOS of 11B.
5. Special Orders Number 248, paragraph 25 of the same orders reassigned him to Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry. He was further assigned duties with Company B as a cook.
6. On 5 April 1968, he departed the RVN and he was assigned to Headquarters and Headquarters Troop, 6th Squadron, 1st Cavalry, 2nd Armored Division, Fort Hood, TX, where he was assigned duties in MOS 94B as a cook.
7. On 25 October 1968, he was honorably released from active duty. Item 23a (Specialty Number and Title) of his DD Form 214 shows in the entry "94B2O Cook. There is no evidence of record that shows MOS 94B was withdrawn and MOS 11B was again awarded as his primary MOS prior to his release from active duty.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized preparation of the DD Form 214. It stated for item 23a, enter primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was initially awarded primary MOS 11B and that this MOS was his primary MOS for approximately 6 months. Special Orders subsequently withdrew his primary MOS 11B and awarded him primary MOS 94B and secondary MOS 11B, effective 5 September 1967. Evidence of record shows that since being awarded primary MOS 94B, he performed duties as a cook up until his release from active duty. The governing Army regulation at the time specifically stated to enter the Soldier's primary MOS on the DD Form 214. Therefore, MOS 94B is correctly entered on the applicant's 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) AR20100028933
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ABCMR Record of Proceedings (cont) AR20100028933
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