BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008301
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 award of military occupational specialty (MOS) 11B (Infantryman) and an incident of friendly fire.
2. The applicant states:
* his record incorrectly shows he held MOS 76Y (Unit Supply Clerk) while he was stationed in Germany
* his first job while he was in Germany was that of an infantry Soldier
* he believes his company commander falsified his record by indicating his duty performance was in MOS 76Y
* his commander intentionally withheld information regarding his involvement in a friendly fire incident
3. The applicant provides two self-authored statements.
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. It is unclear what error the applicant is requesting be corrected in regard to his "friendly fire" incident. He may reapply if he still believes an error or injustice exists in his record, but he should clearly identify the error and what specific remedy he is seeking. Therefore, this issue will not be discussed any further in this record of proceedings.
3. The applicant enlisted in the Regular Army on 13 December 1966.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 22 (MOS) he completed training in and was awarded a 76 series career management field MOS in 1967.
b. Item 27 (Military Education) the entry:
* General Supply Course, 76A1O, 6 weeks, 1967
* Signal Supply and Parts Course, 76G2O, 7 weeks, 1967
c. Item 31 (Foreign Service) he served in the U.S. Army Europe (Germany) from 2 June 1967 through 7 April 1968.
d. Item 38 (Record of Assignments) he was assigned to E Troop, 2d Reconnaissance Squadron, 2d Armored Cavalry Regiment (Germany, performing duties in MOS 63C (Track Vehicle Mechanic), and 76Y from 30 June 1967 to 6 April 1968.
5. His record contains Special Orders Number 130, issued by 2d Reconnaissance Squadron, 2d Armored Cavalry, on 6 July 1967, which shows he was awarded MOS 76A (Supply Clerk).
6. On 15 July 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 7 months, and 3 days of total active service. Item 23a (Specialty Number and Title) of his DD Form 214 shows his MOS as 76Y (Unit and Organization Supply Specialist).
7. His record contains no evidence and he did not provide any evidence to show that he held MOS 11B or performed duties in MOS 11B.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The primary MOS code number and title would be entered in Item 23a.
DISCUSSION AND CONCLUSIONS:
There is no evidence and he did not provide any to show he was awarded or performed duties in MOS 11B while he was stationed in Germany. Therefore, in the absence of evidence to support his claim it is presumed that his DD Form 214 is correct as constituted.
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) AR20120008301
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008301
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080008064
IN THE CASE OF: BOARD DATE: 29 July 2008 DOCKET NUMBER: AR20080008064 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There also is no evidence in his service personnel records that show that he was awarded an infantry MOS. The evidence of record shows that while serving in Vietnam the applicants primary MOS was 76Y, supply.
ARMY | BCMR | CY2010 | 20100001055
The applicant requests correction of his records to show award of the Combat Infantryman Badge. The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. In addition, there are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2013 | 20130008668
The applicant states his DD Form 214 reflects he served as a supply clerk, which was the MOS for which he enlisted. His DA Form 20 shows in: * item 22 (MOS's), he was awarded MOS 76Y2O (Supply Clerk) as his primary MOS on 19 March 1968 * item 38 (Record of Assignments), he performed duties in * MOS 76Y2O with principal duty shown as "Supply" from 23 September to 8 November 1968 * MOS 76Y3O with principal duty as an armorer from 10 November 1968 to 24 August 1969 5. The fact that his DA...
ARMY | BCMR | CY2008 | 20080002167
IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080002167 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In support of his request, the applicant provides a copy of his originally submitted request, with all enclosures, and as new evidence, a self-authored letter outlining his request for reconsideration of his case; a letter to the Board from a retired former service member who is familiar with the applicant and his service in Vietnam; and a statement from an individual who identified...
ARMY | BCMR | CY2010 | 20100014499
The applicant states, in effect: * He was never awarded MOS 76P2O (stock control and accounting specialist) and he only served in MOS 11B * He never went to advanced individual training (AIT) * His duty MOS was 11B in Vietnam and Germany * He reenlisted as an 11D (armor reconnaissance specialist), but he never got the MOS * The Combat Infantryman Badge was supposed to be on his discharge document * He would have stayed in the service and retired but the Army wouldn't give him MOS 11D, so he...
ARMY | BCMR | CY2011 | 20110006538
The fellow Soldier attests: * he served with the applicant in the Army at Fort Hood, TX, and in Vietnam * he and the applicant served in Troop C, 1st Squadron, 1st Cavalry, 1st Armored Division, at Fort Hood, TX, from approximately January 1967 until their deployment to Vietnam in August 1967 * the applicant functioned and served in the capacity of an armored intelligence specialist in MOS 11D * cavalry troopers assigned to armored cavalry assault vehicles (ACAV's) carried MOS 11B (Light...
ARMY | BCMR | CY2012 | 20120010806
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 1 August 1969, to show award of the Combat Infantryman Badge (CIB) and the Letter of Commendation that he provided. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the CIB to Army forces operating in South Vietnam. It is not a basis for award of the CIB.
ARMY | BCMR | CY2001 | 2001052408C070420
APPLICANT REQUESTS: Correction of his records to show a light infantry military occupational specialty (MOS) and award of the Combat Infantryman Badge. The applicant’s service personnel records do not contain any orders or other evidence the applicant served in an infantry MOS in Vietnam, served in an infantry unit in Vietnam, or was awarded the Combat Infantryman Badge. There is no evidence that the applicant was awarded an infantry MOS during his service in Vietnam or that he served in...
ARMY | BCMR | CY2011 | 20110005014
Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). Army Regulation 635-5 states that items 23a and 23b will document the codes and titles of the separating Soldiers PMOS. The evidence of record confirms the applicant's PMOS was 71B, not 11D; therefore, his DD Form 214 is correct as stated and there is an insufficient basis to grant relief in this case.
ARMY | BCMR | CY2010 | 20100012944
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct Service Number and military occupational specialty (MOS). The evidence of record also shows that his Service Number is incorrectly recorded in item 2 of his DD Form 214. The evidence of record shows that the primary MOS code number and title will be entered in item 23a of the DD Form 214.