IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004812
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 award of military occupational specialty (MOS) 11B (Light Weapons Infantryman) and MOS 36K (Tactical Wire Operations Specialist) and correction of his records to show these MOS's.
2. The applicant states he performed duties in MOS 36K in 1968 at a fire support base while assigned to the 503rd Infantry Regiment. He further states he should be awarded MOS 11B for his 3 months of service with Company A, 2nd Battalion, 503rd Infantry Regiment.
3. The applicant provides a letter from a former officer.
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 26 July 1966. He completed training and he was awarded MOS 71B (Clerk Typist). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 1 December 1967 to 26 November 1968. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 503rd Infantry Regiment, and he performed his duties in MOS 71B.
4. His DA Form 20 also shows in:
* item 22 (MOS) that he was awarded MOS 71B effective 4 December 1968 no other specialties are recorded
* item 27 (Military Education) that he completed Basic Army Administrative training in MOS 71B in 1966 no training for MOS 11B or 36K is recorded
* item 38 entries related to assignments in MOS 71B no entries for service in MOS 11B or 36K are recorded
5. His records contain Unit Order Number 6 and 17, dated 15 March 1967 and 25 February 1969, respectively, which promote him to the rank/grade of private first class/E-3 and SP4/E-4 in MOS 71B.
6. On 25 July 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years of total active service. Item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his MOS as 71B.
7. The applicant provides a written statement from a former officer who states the applicant was reassigned from communications to the infantry. The statement does not contain any information pertaining to the applicant's receipt of training in or award of either MOS 11B or 36K.
8. Army Regulation 600-200 (Enlisted Personnel Management System) prescribes the policies, responsibilities, and procedures pertaining to career
management of Army enlisted personnel. Chapter 1 of the regulation in effect at the time states the Primary MOS (PMOS) is the awarded MOS which is of first significance to the Army in terms of training, experience, demonstrated
qualifications, and Army needs.
9. 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 contained guidance on the preparation of the DD Form 214. It stated that item 23 showed the primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he was trained in and awarded MOS 71B. He served in this MOS in Vietnam and throughout his military service. There is no evidence in his available records and he provides none to show he was awarded or performed in MOS 11B or 36K.
2. In addition, the applicant was promoted throughout his service in MOS 71B. There is insufficient evidence in his available records and he provides no additional evidence to show either he or his commander intended or requested to award him MOS 11B or 36K at any time throughout his service.
3. Notwithstanding his sincerity, in the absence of official documentary evidence which conclusively shows he was trained in, performed in, or was awarded MOS 11B or 36K, there is insufficient evidence to grant relief 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 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) AR20120004812
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ABCMR Record of Proceedings (cont) AR20120004812
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