BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130003676
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 he held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman), instead of MOS 76U (Communications Electronics Repair Parts Specialist).
2. The applicant states:
* he was trained in MOS 11C he never trained in MOS 76U, nor does he believe he ever filled a 76U position
* when he arrived in Vietnam, he volunteered for duty with a combat aviation unit
* he did what he was told to do, including serving as a door gunner; however, he does not remember ever working with electrical parts
* his aviation unit probably slotted him on their manning roster as a 76U
* he should have been discharged as an 11C since that was the only MOS he ever trained in
* he personally feels MOS 76U should disappear from his records altogether
* his record shows he arrived in Vietnam as an 11B (Light Weapons Infantryman); however, that entry was scratched out
* he served various duties when he initially arrived in Vietnam - he served as a mail clerk, drove a deuce and a half truck, and delivered supplies to base camps and other units
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 was inducted into the Army of the United States on 24 March 1966. He entered active duty, completed his initial entry training, and he was awarded MOS 11C.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
* item 22 (Military Occupational Specialties) the entry:
* MOS 11C, effective 27 August 1966
* MOS 76U, effective 17 May 1967
* item 31 (Foreign Service) he served in Vietnam from 27 September 1966 through 19 September 1967
* item 33 (Appointments and Reductions) he was promoted to specialist four (SP4)/E-4, effective 17 May 1967
4. Special Orders Number 92, issued by Headquarters, 210th Combat Aviation Battalion, dated 27 July 1967, withdrew his Primary MOS (PMOS) of 11C and awarded him PMOS 76U and Secondary MOS (SMOS) 11C, under the provisions of Army Regulation 600-200 (Enlisted Personnel Management), effective 17 May 1967.
5. On 19 January 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to
complete his remaining service obligation. He completed 1 year, 9 months, and 26 days of total active service, including 11 months and 23 days of foreign service in Vietnam. The highest rank/grade he attained while serving on active duty was SP4/E4. Items 23a (Specialty Number and Title) of his DD Form 214 shows he held MOS 76U at the time of his release from active duty.
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, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states for item 23a, enter PMOS code number and title.
7. Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, stated in paragraph 2-32d(4), redesignation of PMOS is mandatory upon appointment to a higher grade in MOS other than currently designated PMOS. In such instances, MOS in which appointment is made will be designated PMOS.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should show he held MOS 11C.
2. Army Regulation 635-5 states that item 23a will document the PMOS code and title of the separating Soldier. The evidence of record confirms the applicant's PMOS of 11C was withdrawn and he was awarded PMOS 76C as a result of his promotion to SP4/E-4. His MOS of 11C was subsequently awarded as his SMOS.
3. In view of the foregoing, there is no basis for granting the applicant's 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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20130003676
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