IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004291
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 his military occupational specialty (MOS) as 11B (Light Weapons Infantryman).
2. The applicant states he was proud to have been an infantryman in the Republic of Vietnam (RVN) where he was assigned to the 2nd Battalion, 3rd Infantry Regiment, 199th Light Infantry Brigade. He never worked in construction and wants his DD Form 214 to state he was an infantryman.
3. The applicant provides no additional documentation.
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 22 May 1969. The following orders show the MOSs he was awarded:
a. Special Orders (SO) Number 234, Fort Polk, LA, dated 25 September 1969, awarded him MOS 11B;
b. SO Number 276, Fort Benning, GA, dated 13 November 1969, withdrew MOS 11B and awarded him MOS 11F (Infantry Operations and Intelligence Specialist);
c. SO Number 21, Fort Benning, GA, dated 27 January 1970, withdrew MOS 11F and awarded him MOS 11B; and
d. SO Number 246, 199th Infantry Brigade, dated 3 September 1970, withdrew MOS 11B and awarded him MOS 51A (Construction Worker).
e. SO Number 257, 199th Infantry Brigade, dated 7 September 1970 advanced the applicant to specialist four in primary MOS 51A.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he:
a. was an automatic rifleman with the 2nd Battalion, 3rd Infantry Regiment in the RVN from 6 July to 15 September 1970;
b. was reassigned to the U.S. Army Hospital in Camp Zama, Japan in a patient status on 4 October 1970; and
c. was subsequently reassigned as a patient to Valley Forge General Hospital in the United States, effective 12 October 1970.
4. DA Form 199 (Physical Evaluation Board Proceedings), dated 15 January 1971, shows the applicant was found unfit for military service due to a medical condition that existed prior to service that had been aggravated by his military service. Accordingly, he was separated due to physical disability rated at
10 percent, with severance pay.
5. On 25 March 1971, the applicant was discharged with an honorable characterization of service. His DD Form 214 shows he held MOS 51A. He had attained the rank of specialist four, pay grade E-4 and completed 1 year,
10 months, and 4 days of creditable active service. The remarks block states he successfully completed the 9-week Light Weapons Infantry training course in 1969.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.
a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
b. The regulation, in effect at the time, required an entry in Item 23a (Specialty Number and Title) showing the Soldier's MOS.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show MOS 11B because he was proud to have been an infantryman in the RVN. He further contends he never worked in construction.
2. A review of the applicant's records clearly shows that he had been trained as an infantryman and served in the RVN as an infantryman with an infantry company. However, his records indicate that in September 1970, he was advanced to specialist four in primary MOS 51A.
3. The applicant's desire to have his DD Form 214 show his infantry MOS is fully understood and his service is recognized and appreciated. However, in this case there is no error or injustice. He held MOS 51A at the time of discharge and this MOS is properly recorded on his DD Form 214. It is also noted that his DD Form 214 shows he successful completed the 9-week infantry training course in 1969.
4. In view of the above, the applicant's request should be denied.
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) AR20130004291
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