IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110017795 


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 (Report of Separation from Active Duty) to show in:

* item 16a (Primary Specialty Number and Title) military occupational specialty (MOS) 11B (Light Weapons Infantryman) and 11H (Infantry Direct Fire Crewman)
* item 19 (Indochina or Korea Service Since August 5, 1964) the "Yes" block is marked

2.  He states the MOS shown on his DD Form 214 is incorrect.  He also states he landed in South Vietnam in March 1975.

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 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 December 1973.  

3.  On 8 April 1974, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, issued Special Orders Number 098 Extract awarding him primary MOS (PMOS) 11H1O effective 26 April 1974.

4.  A DA Form 2166-4 (Enlisted Efficiency Report) covering the period September 1974 to August 1975 shows he held PMOS 11H2O, secondary MOS (SMOS) 11B2O, and duty MOS (DMOS) 11B2O.  The form shows he was assigned to Troop B, 2d Battalion, 1st Cavalry, 2d Armored Division, Fort Hood, TX, during this period.

5.  A DA Form 2166-5 (Enlisted Evaluation Report) covering the period September to November 1975 shows his PMOS and DMOS were 11B1O.  The form shows no SMOS.

6.  A DA Form 2166-5 covering the period December 1975 to August 1976 also shows his PMOS and DMOS were 11B1O.  The form shows no SMOS.

7.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 3 (MOS Evaluation Scores) he was evaluated in MOS 11B in November 1975 with no score recorded
* item 6 (MOS') the entry "11H1O" with the "H" lined through and a handwritten "C" entered above and the date 26 April 1974
* item 5 (Oversea Service) - no entries
* item 35 (Record of Assignments) he was assigned to the following subordinate units of the 2d Armored Division at Fort Hood, TX:

* 1st Battalion, 41st Infantry, from 17 May 1974 to 2 April 1975 in DMOS 11H1O and from 8 March to 30 September 1976 in DMOS 11B1O
* 2d Squadron, 1st Cavalry, from 3 April 1975 to 7 March 1976 in DMOS 11B
* 1st Battalion, 50th Infantry, from 1 October to 21 December 1976 in DMOS 11B

8.  On 21 December 1976, he was honorably released from active duty (REFRAD).  His DD Form 214 shows in:

* item 16a – "11C1O  Indir Fire Infman  74/04/26  None"
* item 18f (Foreign and/or Sea Service this Period) – "0  0  0"
* item 19 – the box for "No" is marked

9.  His record is void of documentation showing he served in Vietnam.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time stated enter in:

	a.  item 16a the MOS code, title, and date of award.  Also, for enlisted personnel, enter PMOS evaluation score and date of score.  If the enlisted person has not received an evaluation score enter "None."

	b.  item 19 an "X" in the "Yes" block for Vietnam service and show specific dates of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded PMOS 11H1O early in his service and was evaluated in this PMOS and SMOS 11B2O.  He was later evaluated in PMOS 11B1O, indicating orders were issued awarding him this PMOS.  The record clearly shows he did not serve in PMOS 11C1O as shown in item 16a of his DD Form 214.

2.  The preponderance of evidence shows he held PMOS 11B1O when he was REFRAD, and his DD Form 214 should reflect the conditions that existed when the form was completed.  Accordingly, it would be appropriate to correct item 16a of his DD Form 214 to show PMOS 11B1O and the evaluation score he received in that MOS (i.e., "none").  The record does not show when he was awarded PMOS 11B1O; however, he was evaluated in this PMOS beginning in September 1975.  This is the best available record of when he may have been awarded this PMOS.  

3.  The record is void of documentation showing he held MOS 11H when he was REFRAD.  The fact that he was awarded this MOS early in his service does not mean he retained this MOS throughout his service.  The available records do not provide a sufficient basis for correcting his DD Form 214 to show MOS 11H.  

4.  He should be provided a copy of the orders awarding him MOS 11H, a copy of his evaluation in this MOS, and copy of his DA Form 2-1.  He can use these documents as evidence of his service in MOS 11H.   
5.  The evidence of record does not show, nor has the applicant provided evidence showing, he served in Vietnam.  In the absence of such evidence, there is no basis for correcting item 19 of his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 16a of his DD Form 214 and adding "11B1O Light Weapons Infantryman September 1975 none."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to MOS 11H and the entry in item 19 of his DD Form 214.   



      _______ _   _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)                                         AR20110017795



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017795



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1