IN THE CASE OF:
BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20130000880
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 military occupational specialty (MOS) 11B (Light Weapons Infantryman) in addition to MOS 36K (Field Wireman).
2. The applicant states his first MOS was MOS 11B and then he was trained in MOS 36K.
3. The applicant provides no additional 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's records show he was inducted into the Army of the United States on 27 May 1968. He completed basic combat training and on 4 August 1968 he was assigned to Company B, 2nd Battalion, 2nd Brigade, Fort Ord, CA, for advanced individual training (AIT) in MOS 11B.
3. The available evidence does not show he successfully completed AIT in MOS 11B or that he was awarded or served in MOS 11B.
4. On 6 December 1968, he was assigned to Company A, 2nd Battalion, 4th Brigade, Fort Ord, CA, for AIT in MOS 36K. He subsequently successfully completed AIT and he was awarded MOS 36K.
5. On 12 May 1969, he was assigned to Battery A, 2nd Target Acquisition Battalion (TAB), 25th Artillery, Germany, in MOS 36K.
6. His records contain several assignment and promotion orders that all show his MOS as 36K. His DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 36K on14 February 1969 and that he served in duty MOS 36K throughout his assignment to the 2nd TAB, 25th Artillery.
7. He was honorably released from active duty on 26 May 1970 and he was transferred to the U.S. Army Reserve. He completed 2 years of creditable active service.
8. Item 23a (Specialty Number & Title) of the DD Form 214 he was issued shows his MOS as 36K.
9. 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 evidence of record shows that although the applicant may have attended AIT for MOS 11B, he apparently did not successfully complete the training. His records are void of any evidence that shows he was awarded or served in MOS 11B. He did successfully complete AIT in MOS 36K and this is the MOS he was awarded and served in throughout his military service. His DD Form 214 correctly shows his MOS as 36K, which is the MOS he held at the time of release from active duty. 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) AR20130000880
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130000880
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100023763
The version of this regulation in effect at the time stated that for: * item 23a, enter the primary MOS code number, title, and date of award * item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized * item 25, enter installation training (qualification courses) which were successfully completed during the period covered by the DD Form 214 DISCUSSION AND CONCLUSIONS: 1. Therefore, his DD Form 214 should be corrected to show these marksmanship...
ARMY | BCMR | CY2010 | 20100026432
His DA Form 20 (Enlisted Qualification Record) shows the following: * Item 22 (MOS) shows he was awarded MOS 13A (FA Basic) on 10 February 1969, awarded primary MOS 76Y (Unit Supply Specialist) on 9 August 1969, and primary MOS 36K (Field Wireman) on 9 March 1970 * Item 27 (Military Education) shows he completed the FA Basic Course in MOS 13A in 1969 * Item 31 (Foreign Service) shows he served in Vietnam from 12 February 1969 through 21 April 1970 * Item 38 (Record of Assignments) shows he...
ARMY | BCMR | CY2008 | 20080013286
Item 23a, (Specialty Number and Title) of the applicant's DD Form 214 shows he held MOS 36K when he was released from active duty. There is no evidence in the applicant's service personnel records, and the applicant provided none, to show that he was reclassified to an infantry MOS or to another MOS while he served on active duty or while he served in Vietnam. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry...
ARMY | BCMR | CY2013 | 20130002441
His DD Form 214 shows he held MOS 05B45 as his PMOS; however, the evidence of record shows he held MOS 05B4S as his PMOS. Special orders awarded him MOS 05B2S based on his successful completion of the Special Forces Qualification Course. The evidence of record shows he completed the infantry MOS course during AIT; therefore, it would be appropriate to amend item 25 of his DD Form 214 to show this completed course.
ARMY | BCMR | CY2010 | 20100026184
There is no evidence which shows he was awarded MOS 11B. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB. _______ _ 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.
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 | CY2008 | 20080000334
There are no orders in the applicants military service records showing he was awarded the Combat Infantryman Badge. This document also shows that at the time of his assignment to the unit, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971). The applicant contends, in effect, that his discharge document should be corrected to show he held MOS 11B (Light Weapons Infantryman), MOS 91B...
ARMY | BCMR | CY2012 | 20120004812
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. There is no evidence in his available records and he provides none to show he was awarded or...
ARMY | BCMR | CY2006 | 20060009887
The applicant requests, in effect, reconsideration of his previous application requesting that Item 23a (Specialty Number & Title) of his 27 August 1970 separation document (DD Form 214) be corrected to show his Military Occupational Specialty (MOS) as 13B (Cannon Crewmember) and that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show his entitlement to marksmanship qualification badges based on his qualification...
ARMY | BCMR | CY2014 | 20140017130
The applicant states his service record shows he had a duty military occupational specialty (MOS) 11B as of 8 November 1966 after completing Infantry advanced individual training (AIT) at Fort Ord, CA. The applicant provides: * a list of units participating in defense of Tan Son Nhut Airbase during the 1968 Tet Offensive * Army Board for Correction of Military Records (ABCMR) Docket AR20130012238, dated 13 March 2014 * an excerpt from Army Regulation 600-8-22 (Military Awards) CONSIDERATION...