IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120007933
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 95C (Corrections Specialist) and his service in Vietnam.
2. The applicant states the MOS shown on his DD Form 214 is 71B (Clerk Typist) and it should be 95C.
a. He arrived at Fort Bragg, North Carolina in early 1973. He was given on-the-job training as a 95C. As duty records will show he worked at the post stockade as a military policeman (MP) until he was honorably discharged on
23 August 1974. As an MP, he was a guard at the Fort Bragg Post Stockade, escorted prisoners to the Leavenworth military prison, took prisoners to the retraining brigade at Fort Riley, Kansas, and escorted a prisoner to Saigon, South Vietnam to give testimony in black market operations in-country.
b. The day of his discharge he was informed that his records were lost. He was given enough travel pay to get home.
c. In the early 70's it was not popular to be a veteran. He was happy to be home, but trying to get his records straightened out was very frustrating. He contacted his previous unit and a congressman and was told his records would be corrected but nothing happened.
d. He has led a good life with a great family. He asks that his records be corrected to show his MOS as 95C and to recognize his service in South Vietnam.
3. The applicant 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 enlisted in the Regular Army on 25 August 1972. He completed training and was awarded MOS 71B (Clerk Typist).
3. His DA Form 20 shows in:
a. item 22 (Military Occupational Specialties) he was awarded primary MOS (PMOS) 71B2O, (Clerk Typist) effective 5 March 1973.
b. item 31 (Foreign Service) does not list any foreign service.
c. item 38 (Record of Assignments) that effective 22 March 1973, he was assigned, as a clerk typist, to the 58th MP Company, Fort Bragg, NC. He remained in that unit as a clerk typist until 23 August 1974, when he was released from active duty (REFRAD).
4. He was honorably REFRAD on 23 August 1974 as a private first class/E-3. His DD Form 214 shows he had completed 1 year, 11 months, and 29 days of total active service. This form also shows in:
* item 16a (Primary Specialty Number and Title) 71B2O Clerk Typist, 730305
* item 18f (Foreign and/or Sea Service This Period) he did not complete any foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no Vietnam service-related awards
5. There are no available orders or any other official documents in his service record that shows he was awarded MOS 95C or that he was ordered to or served in Vietnam.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. His service record does not show he worked as an MP at the post stockade at Fort Bragg, NC. There is no available evidence showing the applicant was awarded or performed duty in MOS 95C or that he performed any duty involving escorting of prisoners to Vietnam or anywhere else. Additionally, there is no evidence that he served on active duty in Vietnam.
2. In view of the above, the applicant's request should be denied.
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) AR20110003811
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ABCMR Record of Proceedings (cont) AR20120007933
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