BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130000875 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

	a.  his duty assignment with Headquarters and Headquarters Company (HHC), 1st Battalion, 32nd Infantry of the 7th Infantry Division in the U.S. Army Pacific (USARPAC);

	b.  a secondary military occupational specialty (MOS) - 11C (infantry indirect fire crewman); and

	c.  he served in a combat zone on the Korea demilitarized zone (DMZ).   

2.  The applicant states:

* his DD Form 214 does not show his assignment with HHC, 1st Battalion, 32nd Infantry of the 7th Infantry Division in USARPAC
* he was a motorman before he was assigned to the military police company
* his information contained in his DA Form 201 (Military Personnel Record Jacket) was not reflected on his DD Form 214
* he had two MOSs
* he was also in a combat zone on the Korea DMZ
* he had a brother in Vietnam and he was reassigned
* when he was in Korea he was in a hostile fire zone

* he was reassigned after three months on the DMZ
* the Department of Veterans Affairs (DVA) said he had to get his DD Form 214 updated   

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* Article pertaining to Korea DMZ veterans authorized for Agent Orange compensation
* U.S. Army Reserve (USAR) discharge orders
* DD Form 214

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 was inducted into the Army of the United States on 6 November 1967.  He completed his training and was awarded MOS 11C.

3.  His DA Form 20 shows he served in MOS 11C while assigned to HHC, 
1st Battalion, 32nd Infantry of the 7th Infantry Division in USARPAC from 7 June 1968 to 7 August 1968.

4.  Orders, dated 25 October 1968, show he was awarded primary MOS 95B (military police) and secondary MOS 11C effective 23 October 1968.  Primary MOS 11C was withdrawn.  

5.  His DA Form 20 shows he served in MOS 95B while assigned to the 
7th Military Police Company of the 7th Infantry Division in USARPAC from 
8 August 1968 to 7 June 1969.  His DA Form 20 also shows he received the Armed Forces Expeditionary Medal (AFEM) for his service in Korea.

6.  He was released from active duty on 9 June 1969.  He was honorably discharged from the USAR on 1 November 1973. 

7.  His DD Form 214 shows:

* his last duty assignment and major command was the 7th Military Police Company, 7th Infantry Division
* his specialty number and title was 95B2O Military Policeman
* he completed 1 year, 1 month, and 9 days of foreign service in USARPAC in item 22c (Foreign and/or Sea Service)
* he received the AFEM

8.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  The regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea.  The regulation further stated for item 
23a (Specialty Number and Title), enter the primary MOS code number and title.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974.

DISCUSSION AND CONCLUSIONS:

1.  There is no provision to show duty assignments on the DD Form 214 other than the last duty assignment.  His overseas service is properly reflected in item 22c of his DD Form 214.  However, he may provide this Record of Proceedings to his DVA office as verification that he served in Korea.
 
2.  Evidence shows he was awarded primary MOS 95B in October 1968 which is properly reflected on his DD Form 214.  Since the governing regulation states only the primary MOS will be entered on the DD Form 214, there is no basis for granting his request to show his secondary MOS on the DD Form 214.    


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)                                         AR20130000875





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ABCMR Record of Proceedings (cont)                                         AR20130000875



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