BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014074
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 his military occupational specialty (MOS) be changed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from 71B2O (Clerk Typist) to 11B2O (Infantryman).
2. He states he attended infantry advanced individual training (AIT) at Fort Polk, LA. He served in Vietnam as an 11B and performed duties as a "shotgun" on carrier trucks that delivered correspondence between camps.
3. He provides his DD Form 214, self-authored statement, and DA Form 20 (Enlisted Qualification Record).
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 applicants military records are not available to the ABCMR for review. An exhaustive search was undertaken to locate the applicant's military records which are necessary for the processing of his application. Unfortunately, his records could not be located. However, based on a copy of the applicant's
DA Form 20 and DD Form 214, the ABCMR was able to conduct a fair and impartial review of his request.
3. The applicant was inducted into the Army of the United States on 5 December 1967. He served in the Republic of Vietnam from 15 May 1968 to 8 July 1969. He was honorably released from active duty on 9 July 1969 and credited with completing 1 year, 7 months, and 5 days of active duty service.
4. His DA Form 20 shows in:
a. Item 22 (MOS):
* primary MOS (PMOS) 11B1O, Infantryman, 9 April 1968, this entry is lined through indicating that it was withdrawn
* PMOS, 71B2O, Clerk Typist, 21 July 1968
b. Item 38 (Record of Assignments)
* 19 February 1968, AIT, 11B, Fort Polk, LA
* 19 April 1968, Casual, Enroute to U.S. Army Pacific (USARPAC)
* 1 June 1968, Clerk Typist, 71B2O, Company A, 82d Support Battalion, 3rd Brigade, 82d Airborne Division, USARPAC
* 1 February 1969, Administration Specialist, 71L2O, Company A, 82nd Support Battalion, 3rd Brigade, 82d Airborne Division, USARPAC
* 1 March 1969, Clerk Typist, 71B3O, Company A, 82nd Support Battalion, 3rd Brigade, 82nd Airborne Division, USARPAC
* 5 July 1969, Casual, Enroute to the continental United States
5. The applicants DD Form 214 lists his "Specialty Number and Title" in item 23a as 71B2O, Clerk Typist.
6. Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that 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. The regulation states, in part, to enter the specialty number and title in item 23a at the time of separation.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant attended AIT and was awarded MOS 11B on 9 April 1968. However, MOS 11B was withdrawn and he was awarded MOS 71B, clerk typist on 21 July 1968. The evidence further shows he was assigned as a clerk typist during his initial assignment in Vietnam and at the time of his separation. There is no evidence and he has not provided any to prove otherwise. Therefore, his DD Form 214 is correct as constituted.
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) AR20130014074
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130014074
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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