IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110021936
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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1980 to show his 11B military occupational specialty (MOS).
2. The applicant states:
* He enlisted on 28 June 1960 as an infantryman in MOS 111.00
* He stayed an infantryman until June 1968, when he was reclassified into MOS 71G (medical records technician)
* His infantry MOS does not exist on his retirement DD Form 214
* He was wounded as an infantryman
* He was proud to have been an infantryman
3. The applicant provides his DD Form 214 for the period ending 31 August 1980.
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 28 June 1960. He completed his training and was awarded MOS 111.10 (light weapons infantryman). On 4 June 1962, he was honorably discharged for enlistment in the Regular Army (RA). His DD Form 214 for the period ending 4 June 1962 shows his MOS as 111.10.
3. He enlisted in the RA on 5 June 1962 for a period of 6 years. On 11 March 1965, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 11 March 1965 shows his MOS as 111.66 (light weapons infantryman).
4. He reenlisted on 12 March 1965 for a period of 6 years. He served in Vietnam from 25 June 1965 to 20 June 1966. On 13 December 1970, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 13 December 1970 shows his MOS as 71G (medical records specialist).
5. He reenlisted on 14 December 1970. On 21 October 1976, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 21 October 1976 shows his primary MOS as 13B (field artillery crewman) and his secondary MOS as 71L (administrative specialist).
6. He reenlisted on 22 October 1976.
7. Orders 59-42, issued by Headquarters, 1st Corps Support Command, Fort Bragg, NC, dated 16 September 1976, as amended by Orders 34-20, issued by the same command, dated 16 February 1977, in conjunction with his promotion to sergeant first class (SFC)/E-7, awarded him primary MOS 13B, secondary MOS 71G, and additional MOS 71L. MOS 11B is not listed as an authorized MOS on these orders.
8. On 31 August 1980, he retired by reason of required service for retirement in the rank/grade of SFC/E-7. Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of his DD Form 214 for the period ending 31 August 1980 does not show an infantry MOS.
9. Item 6 (MOS's) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded primary MOS (PMOS) 13B on 1 September 1976, secondary MOS (SMOS) 71G on 11 August 1964, and additional MOS (AMOS) 71L on
9 December 1974. MOS 11B is not listed as an additional MOS.
10. Army Regulation 635-5 (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. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation states that for item 11 enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests amendment of item 11 of his DD Form 214 for the period ending 31 August 1980 to show the infantry MOS, 111.00, he held in the 1960s. However, the DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of Active Army service at the time of his release from active duty.
2. Orders in conjunction with his promotion to SFC/E-7 awarded him PMOS 13B, SMOS 71G, and AMOS 71L. It does not show MOS 11B as an authorized MOS at the time.
3. Evidence shows he served in MOS 111.00 from approximately 1960 to 1965 which is properly shown on his DD Forms 214 for the periods ending 4 June 1962 and 11 March 1965. There is no evidence he continued to hold an infantry MOS at the time of his retirement on 31 August 1980.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20110021936
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ABCMR Record of Proceedings (cont) AR20110021936
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