IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015689
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show military occupational specialty (MOS) 11B (Light Weapons Infantryman) vice 94N (i.e., 94B) (Cook).
2. The applicant states he was never a 94B.
3. The applicant does not provide any additional documentation in support of his application.
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's military service records show he was inducted into the Army of the United States on 15 July 1970. He arrived in Vietnam on or about 15 January 1971 and departed on 1 December 1972.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 22 (MOS's) the entries:
(1) secondary (S), 11B (Light Weapons Infantryman), 5 November 1970; and
(2) primary (P), 94B, (Cook) 6 September 1971.
b. item 27 (Military Education) the entry Light Weapons Infantryman, 11B, Fort Polk, LA, 9 weeks, 1970.
c. item 38 (Record of Assignments) he served as an 11B Rifleman from 27 January 1971 through 6 September 1971 and as a 94B Cook from 7 September 1971 through 7 September 1971.
4. Special Orders Number 303, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, dated 5 November 1970, show on the date of the orders the applicant was awarded PMOS 11B.
5. Special Orders Number 260, issued by Headquarters, 101st Airborne Division (Airmobile), dated 17 September 1971, show, effective 6 September 1971, the applicant was awarded 94B as his SMOS.
6. Special Orders Number 266, issued by Headquarters, 101st Airborne Division (Airmobile), dated 23 September 1971, show, effective 7 September 1971, the applicant was promoted to specialist four and awarded 94B as his PMOS.
7. On 5 July 1972, the applicant was honorably released from active duty. Item 23a (Specialty Number & Title) of his DD Form 214 contains the entry 94N2O Cook.
8. 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. The regulation states for enlisted Soldiers list in item 23a the PMOS code number and title. Also specify the first five characters of the MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed 9 weeks of training in the Light Weapons Infantryman course in November 1970 and was awarded PMOS 11B. Effective 6 September 1971, he was awarded 94B as his SMOS. However, orders show that on 7 September 1971 94B became his PMOS when he was promoted to specialist four in that MOS. Therefore, in the absence of documentation to support his claim, item 23a of his DD Form 214 correctly shows his MOS as Cook (although it should be 94B2O, not 94N2O).
2. Item 23a of his DD Form 214 should be corrected to show his MOS as 94B2O.
3. However, he served as an 11B in Vietnam for almost 9 months. It would cause no harm to add in item 30 (Remarks) that he served as an 11B from 15 January 1971 through 6 September 1971.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding in item 30 of his DD Form 214 the entry, Service as an 11B in Vietnam from 15 January 1971 through 6 September 1971; and
b. amending item 23a of his DD Form 214 to show his MOS as 94B2O Cook.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 23a of his DD Form 214 to show his MOS as 11B.
_______ _ 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) AR20130015689
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ABCMR Record of Proceedings (cont) AR20130015689
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