IN THE CASE OF:
BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120015657
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 Force of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as an infantry MOS vice 941.10 (Cook).
2. The applicant states his DD Form 214 should show he held an infantry MOS. He volunteered for detail during the last 4 months of his military service. He worked at the officer's mess working on the stoves. They had Korean cooks, but he was not a cook.
3. The applicant provides his DD Form 214, a certificate, and orders.
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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's records show he was inducted into the Army of the United States on 16 November 1954. He served in Korea while assigned to Headquarters (HQ) Company, 2nd Battalion, 17th Infantry; however, the specific dates of his service in Korea are not shown.
4. The applicant also provides Special Orders Number 211, dated 8 September 1956, issued by HQ, Personnel Center, Fort Chaffee, AR, assigning him to the Transfer Station, Fort Chaffee, AR, for release from active duty on 8 September 1956. These orders show his MOS as 941.10.
5. His DD Form 214 shows he was honorably released from active duty on 8 September 1956 at Fort Chaffee, AR, and he was transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 23 days of creditable active service of which 1 year, 4 months, and 21 days were foreign service. Item 23a (Specialty Number and Title) of his DD Form 214 shows he held MOS 941.10 at the time of his release from active duty.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for 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. It states to enter the MOS held at the time of separation in item 23a.
DISCUSSION AND CONCLUSIONS:
The DD Form 214 is a record of a Soldier's active duty service at the time of his release from active duty. The available evidence of record shows the applicant held MOS 941.10 at the time of his release from active duty. Although he was assigned to an infantry unit, he has not provided any evidence that shows he attended school for, or was ever awarded an infantry MOS, or that he held an infantry MOS at the time he was released from active duty. His DD Form correctly shows his MOS as 941.10; therefore, he is not entitled to the 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) AR20120015657
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120015657
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130019236
Section 1 (Appointments, Promotions, and Reductions) of his DA Form 24 (Service Record) shows he was promoted to SP5/E-5 (T) on 3 April 1964 and SP5/E-5 (P) on 3 April 1965. Army Regulation 624-200, effective 1 July 1962, section III, governed the temporary appointment of enlisted personnel of the active Army to pay grades E-4 through E-9 made against periodic temporary appointment quota allocations issued by Headquarters, Department of the Army. However, all evidence in his records...
ARMY | BCMR | CY2014 | 20140007704
The applicant requests correction of item 23 (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United Report of Separation or Discharge). The applicant provides: * Separation Order * Amendment Order * DD Form 214 * EA Form 7 (Individual Training Record) * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The evidence of record clearly shows the applicant was initially trained in and awarded PMOS 11B1O on 1 December 1967 and for most of his military service this was the only MOS...
ARMY | BCMR | CY2008 | 20080010167
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that Item 12 (Last Duty of Assignment and Major Command) and Item 23a (Specialty Number & Title) of his separation document (DD Form 214) be corrected. His record also confirms that on the date of his REFRAD, he held the PMOS of 94B, as evidenced by orders on file in his MPRJ and an entry on his DA Form 20, and that this PMOS is properly listed in Item 23a of his...
ARMY | BCMR | CY2008 | 20080012839
However, the entry in item 23a on the DD Form 214 was meant to indicate what MOS he held at the time of his separation, not the MOS(s) in which he performed duties. Therefore, there is insufficient evidence as a basis to correct his DD Form 214 to show he held an MOS as a tank driver or EMT medic. 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.
ARMY | BCMR | CY2011 | 20110005328
His DD Form 214 shows in: * item 23a his MOS as 94B * item 24 no award of the Combat Infantryman Badge. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy. 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.
ARMY | BCMR | CY2014 | 20140016119
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a duty military occupational specialty (MOS) of 11B (Infantryman). Although his DA Form 20 shows he was assigned to an MOS 11B duty position while he was in Korea, there is no evidence he was ever awarded MOS 11B. Evidence shows that at the time of his release from active duty on 24 October 1969 he held MOS "94B2O" which is currently reflected on his...
ARMY | BCMR | CY2010 | 20100028933
He states that he was never a cook and his MOS on his DD Form 214 should be changed to MOS 11B. Evidence of record shows that since being awarded primary MOS 94B, he performed duties as a cook up until his release from active duty. Therefore, MOS 94B is correctly entered on the applicant's DD Form 214.
ARMY | BCMR | CY2014 | 20140018144
Application for correction of military records (with supporting documents provided, if any). The applicant states his DD Form 214 shows he served in MOS 94B as a cook; however, he never worked in that MOS. The evidence of record confirms the applicant's primary MOS was 94B2O throughout his period of service, but especially at the time of his separation.
ARMY | BCMR | CY2013 | 20130015689
The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (MOS's) the entries: (1) secondary (S), 11B (Light Weapons Infantryman), 5 November 1970; and (2) primary (P), 94B, (Cook) 6 September 1971. b. item 27 (Military Education) the entry Light Weapons Infantryman, 11B, Fort Polk, LA, 9 weeks, 1970. c. item 38 (Record of Assignments) he served as an 11B Rifleman from 27 January 1971 through 6 September 1971 and as a 94B Cook from 7 September 1971 through 7 September...
ARMY | BCMR | CY2015 | 20150001684
The applicant states his DD Form 214 shows in Item 30 (Remarks) that he was a cook in the RVN. A DA Form 20 in which item 22 (MOS) lists his primary MOS as 94B (Cook) with an effective date of 11 September 1970, and a secondary MOS as 11B (Infantryman) with an effective date of 21 October 1971. c. Two DA Forms 2627-1 that show: * he received two Article 15s in the RVN for sleeping on post and for failing to go to his appointed place of duty for guard formation; he indicates this proves his...