IN THE CASE OF:	  

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140000502 


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 the following:

* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show military occupational specialty (MOS) 11F (infantry operations and intelligence specialist) instead of 11B (light weapons infantryman)
* issuance of a DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge from Active Duty)

2.  The applicant states, in effect, when he was discharged from the Army he was awarded MOS 11F because he was a ranger in Vietnam.  He requested a correction; however, no action was taken.  The letter stating he was awarded MOS 11F was lost.

3.  The applicant provides copies of the following:

* Certificate of Training
* Military Assistance Command Vietnam (MACV) Recondo School certificate
* 75h Ranger Regiment Association, Incorporated, Life Membership Certificate
* letter from the National Personnel Record Center (NPRC)



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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 12 April 1967.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 22 (MOSs) – he was awarded the following MOSs:

* 12A (pioneer) on 25 August 1967
* 11B on 18 December 1967
* 11F on 9 May 1969

* Item 38 (Record of Assignments) – he served in the following MOSs:

* 12A from 2 July through 17 December 1967
* 11B from 18 December 1967 through 30 January 1968; until he was placed in a patient status

3.  Special Orders Number 18, issued by Headquarters, 9th Infantry Division, dated 18 January 1968, withdrew primary MOS 11B1O and awarded him primary MOS 11B2O effective 1 January 1968.

4.  He served in Vietnam from 9 September 1967 through 8 September 1968.

5.  He provided copies of the following:

* an undated Certificate of Training which shows he successfully completed the Recondo School, 9th Infantry Division, during his period of service in Vietnam
* a certificate which shows he successfully completed the MACV Recondo School in March 1968

6.  He was honorably released from active duty on 11 April 1969 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 lists in item 23a (Specialty Number and Title) – 11B, light weapons infantryman.

7.  His records contain the following:

   a.  A memorandum, dated 9 May 1969, which stated in recognition of his skills and considering the needs of the Army for assignment or availability during a National emergency his MOS 11B was being withdrawn and he was awarded MOS 11F in the USAR Control Group (Annual Training).

   b.  Letter Orders Number 01-1007377, dated 20 January 1971, honorably discharging him from the USAR effective 21 January 1971.  These orders list MOS 11F.

8.  He also provided copies of the following:

* 75th Ranger Regiment Association, Incorporated, Life Membership Certificate
* Letter, dated 23 December 2013, wherein the NPRC provided him a 
DD Form 149 to apply for correction of his military records

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the 
DD Form 214.  The regulation stated item 23a would list the primary MOS code number and title.

10.  Army Regulation 635–8 (Personnel Separations – Separation Processing and Documents), currently in effect, states a DD Form 215 will be prepared in response to a request for a Soldier or veteran to correct a previously issued Army DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  On 18 December 1967, the applicant was awarded primary MOS 11B and he served in that MOS during his period of active duty.  On 11 April 1969, at the time of his release from active duty he held this MOS.  He did not hold MOS 11F while he was on active duty.  There is no error or injustice and the applicant's MOS is properly listed on his DD Form 214.  There is no evidence of record and he provide none to show he was awarded and served in MOS 11F during his period of active duty.

2.  On 11 April 1969, he was released from active duty and transferred to the USAR Control Group (Annual Training).  On 9 May 1969, he was awarded MOS 11F.  He held that MOS at the time of his discharge from the USAR and it is properly listed on his USAR discharge orders.

3.  By regulation, a DD Form 215 will only be issued to correct a previously issued DD Form 214.  Since there is no error regarding the MOS listed on his
DD Form 214, there is no reason to change it.  In view of the foregoing, he is not entitled to the requested relief.

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)                                         AR20140000502



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ABCMR Record of Proceedings (cont)                                         AR20140000502



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