BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013475 


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 item 23a (Specialty Number and Title) 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 11C (Infantry Indirect Fire Crewmember).

2.  The applicant states he was drafted and trained as an infantry combat Soldier. He served in combat with the 4th Infantry Division.  He adds that:

* he did not receive training in MOS 11C
* He was in combat in Long Binh and in Pleiku with the 25th Infantry Division, 4th Infantry Division, and the 1st Cavalry Division
* His post-traumatic stress disorder (PTSD) was caused by combat and he needs his MOS changed so that he can obtain treatment from the Department of Veterans Affairs

3.  The applicant provides his DD Form 214 and an internet printout of MOS 11C.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests correction of applicant's specialty number from 11C to 11B.

2.  Counsel states that following a careful review of the evidentiary record, the issues raised by the applicant and the supporting documentation advance his contentions and substantially reflect the probative facts needed for an equitable review. 
3.  Counsel did not provide any 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 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's records show he was inducted into the Army of the United States on 25 May 1966.  Upon completion of basic combat training, he was issued Orders Number 179 releasing him from Company E, 15th Training Battalion, Fort Gordon, GA, for training in MOS 11C at Fort Polk, LA.

3.  On 17 September 1966, Headquarters, Fort Polk, LA, published Orders 241 awarding him the First Class Gunner Marksmanship Qualification Badge with Mortar Bar.

4.  Upon completion of advanced individual training, he was awarded MOS 11C.  He subsequently served in Vietnam from on or about 17 November 1966 to 
11 November 1967.  During his service in Vietnam, he was issued the following orders:

* On 2 December 1966, Headquarters, 90th Replacement Battalion, published Orders Number 336 assigning him to 1st Battalion, 69th Armor, in MOS 11C
* On 15 May 1967, Headquarters, 1st Battalion, 69th Armor, published Orders Number 35 promoting him to private first class/E-3 in MOS 11C
* On 25 May 1967, Headquarters, 4th Infantry Division, published Orders Number 145 awarding him MOS 11C

5.  Upon completion of his Vietnam tour, he was reassigned to Fort Meade, MD.  While at Fort Meade, in 13 December 1967, Headquarters, 6th Armored Cavalry Regiment, published Orders Number 226 assigning him to Troop B, 1st Squadron, 6th Armored Cavalry Regiment in MOS 11C.

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

* Item 22 (MOS) 11C, Infantry Indirect Fire Crewman
* Item 22 does not show completion of training for MOS 11B
* Item 38 (Record of Assignments) entries related to assignments in MOS 11C; it does not show any entries for service in MOS 11B

7.  He was honorably released from active duty on 24 May 1968.  Item 23a of his DD Form 214 shows his specialty as 11C, Infantry Indirect Fire Crewman.

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's records show he was trained in and awarded MOS 11C.  He served in this MOS in Vietnam and at Fort Meade, MD.  He was also promoted in this MOS.  There is no evidence in his available records and he provides none to show he was trained in, awarded, or performed in MOS 11B.

2.  Notwithstanding his sincerity, in the absence of official documentary evidence such as MOS orders, a completion certificate, diploma, assignment orders, operation orders, morning reports, after action reports, official orders, or additional documentation that conclusively shows he held MOS 11B.  There is insufficient evidence to change his MOS in this case.

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)                                         AR20110013475



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ABCMR Record of Proceedings (cont)                                         AR20110013475



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