IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130011231
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 DA Form 20 (Enlisted Qualification Record) to show his principal duty as "Mortarman."
2. The applicant states:
* he wants to change his military occupational specialty (MOS) rating from "Motorman" to "Mortarman" on his DA Form 20
* he was classified with MOS 11C1P on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 October 1967
* during the period April to October 1967 he was out in the jungle with the 173d Airborne Division
* he spent 25 continuous months of combat in Vietnam and he held MOS 11C with the 173d Airborne Division for the first 5 months
* during this time they were out in the jungle almost constantly on search and destroy missions
* he believes the qualification mistake on his DA Form 20 is preventing him from being favorably considered for award of the Combat Infantryman Badge (CIB)
3. The applicant provides:
* partial letter from the National Personnel Records Center, St. Louis, MO
* DD Form 214 for the period ending 3 October 1967 which shows his MOS as 11C1P
* Page 3 of his DA Form 20
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 enlisted in the Regular Army on 30 September 1966 for a period of 3 years. He completed his training and was awarded MOS 11C (infantry indirect fire crewman) and later MOS 67U (helicopter repairman). He arrived in Vietnam on 16 April 1967.
3. Item 38 (Record of Assignments) of his DA Form 20 shows his duty MOS as 11C1O and his principal duty as "Motorman" while assigned to Headquarters and Headquarters Company (HHC), 4th Battalion, 503d Infantry Regiment, from 18 April 1967 to 10 October 1967. He departed Vietnam on 13 July 1969.
4. On 28 October 1970, he was honorably released from active duty. His DD Form 214 properly shows his MOS as 11C1P and his specialty title as infantry indirect fire crewman.
5. Records show the ABCMR denied the applicant's request for award of the CIB on 5 January 2012 because there was no evidence of his personal presence and participation with his unit while it was actively engaged in ground combat with enemy forces in Vietnam. The Record of Proceedings, dated 5 January 2012, shows his MOS as 11C and his principal duty as "Mortarman" during his assignment to HHC, 4th Battalion, 503d Infantry Regiment, in Vietnam.
6. At the time, Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, prescribed instructions for preparing and maintaining the DA Form 20. This chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of the principal duty shown on his DA Form 20 to show "Mortarman" instead of "Motorman."
2. Although he contends the qualification mistake on his DA Form 20 is preventing him from being awarded the CIB, the evidence shows his principal duty was shown as "Mortarman" in his 2012 Record of Proceedings. This in effect acknowledged that the entry Motorman on his DA Form 20 was merely an administrative error. It was not the reason he was denied the CIB.
3. His request to amend his DA Form 20 was carefully considered. However, the DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel. As he no longer has a military status, there is no basis to make any changes to his DA Form 20.
4. His DD Form 214 properly shows his MOS as 11C1P and his specialty title as infantry indirect fire crewman.
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 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) AR20130011231
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130011231
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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