IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130015234
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 inclusion of his service in military occupational specialty (MOS) 11B (Light Weapon Infantryman) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states it appears that his period of service in MOS 11B was overlooked at the time of his return from Vietnam. He is proud of his service as an infantryman and would like to have that service recognized.
3. The applicant provides copies of transfer orders and his 14 August 1970 DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 on 15 August 1968, completed training, and was awarded MOS 11B.
3. He was honorably released from active duty on 14 August 1970 as a specialist five (E-5). The DD Form 214 issued at that time shows an MOS of 62M (Loader Operator) and lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. His DA Form 20 (Enlisted Qualification Record) for this period shows he was awarded:
* primary MOS 11B on 20 December 1968
* secondary MOS 12A (Pioneer) on 25 March 1969
* MOS 12B (Combat Engineer) on 23 May 1969
* primary MOS 62M on 26 December 1969
* 11B changed from a primary to an additional MOS
5. The applicant enlisted in the Army National Guard on 6 February 1982 and served in an active status until 5 February 1992. Included in this time is a period of active duty in support of Operation Desert Shield/Desert Storm, 20 September 1990 to 16 May 1991.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. As in effect at the time of the applicant's 1970 separation, the entry at block 23a (Specialty Number and Title) would be the primary MOS held at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The provision to include all MOS's served in during the period covered by a given DD Form 214 did not come into effect until well after the issuance of the applicant's first DD Form 214. Therefore, the 1970 DD Form 214 was properly completed and no correction is warranted.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20130015234
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ABCMR Record of Proceedings (cont) AR20130015234
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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