IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001147
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, in effect, correction of his DA Form 20 (Enlisted Qualification Record) to show he held military occupational specialty (MOS) 64B2O (heavy vehicle driver) during his service in Vietnam.
2. He states he served in MOS 64B, but his record shows that while in Vietnam his MOS was changed to 94B2O (food service specialist). He was never a cook and he believes the entry is an error made when the information was entered. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his MOS as 64B2O.
3. He provides his DD Form 214 and a page 3 of his DA Form 20.
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. On 20 March 1969, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded primary MOS 64B.
3. His DA Form 20 shows in:
* item 22 (Military Occupational Specialties) he was awarded primary MOS 64B2O on 12 May 1969
* item 31 (Foreign Service) he served in Vietnam from 12 March through 18 December 1970
4. Item 38 (Record of Assignments) of his DA Form 20 includes an entry showing he was assigned to duty MOS 64B2O with the 134th Quartermaster Company effective 22 March 1970. The entry is lined through. Three typewritten entries subsequent to the lined-through entry show he was assigned to the 134th and 514th Quartermaster Companies in duty MOS 94B2O with principal duty as a cook.
5. His record does not include orders assigning him to the 134th or 514th Quartermaster Companies.
6. On 21 December 1970, he was honorably released from active duty to attend school. Item 23a (Specialty Number & Title) of his DD Form 214 shows MOS 64B2O Heavy Vehicle Driver.
7. Chapter 9 (Enlisted Qualification Record (DA Forms 20, 20A, 20B, and 2876) of Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated the DA Form 20 was the basic document for maintaining current data necessary to manage enlisted personnel and document their military career and provided for the preparation and maintenance of the DA Form 20. Paragraph 9-51b(1)(c) stated entries of assignments would be made in chronological order and reflect a record of all military service of the individual.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he held primary MOS 64B2O, and, based on a lined-through entry on his DA Form 20, it appears there may have been an intent to assign him to a unit in Vietnam in that MOS. However, subsequent typewritten entries show he was actually assigned to units in Vietnam in duty MOS 94B2O. There was no requirement for a Soldier to be assigned to a unit in his primary MOS. Assignment of personnel was then and continues to be based on the needs of the Army.
2. Although he states he was never a cook, the available records are void of evidence contradicting the information in item 38 of his DA Form 20. Orders would have been published assigning him to units in Vietnam, and the orders would have listed the duty MOS to which he was being assigned. These orders are not available for review.
3. Of note is the fact that his primary MOS is properly shown on his DD Form 214.
4. After a Soldier is discharged, the DA Form 20 is not normally accessible by individuals other than the Soldier. Making corrections to the form generally provides no benefit. In the absence of evidence showing mistakes or omissions on this form have resulted in inequity or injustice, there is no 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) AR20120001147
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ABCMR Record of Proceedings (cont) AR20120001147
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