IN THE CASE OF:
BOARD DATE: 3 December 2014
DOCKET NUMBER: AR20140005482
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 13A (Field Artillery) versus 94B (Cook).
2. The applicant states he completed advanced individual training at Fort Sill, OK, for an artillery MOS and served in Vietnam as an artilleryman. He drove rations for 2 months but the other 12 months were in the artillery.
3. The applicant provides:
* DD Form 214
* DA Form 137 (Installation Clearance Record)
* DA Form 2658 (Health Record - Abstract of Service)
* Standard Form 519 (Clinical Record-Radiographic Report)
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 records show he was inducted into the Army of the United States on 2 July 1969. He completed basic combat training at Fort Dix, NJ, and then advanced individual training at Fort Sill, OK. He was awarded MOS 13A.
3. He served in Vietnam from 28 November 1969 to 2 February 1971. He was assigned to Headquarters and Headquarters Battery (HHB), 1st Battalion, 82nd Artillery Regiment, Americal Division.
4. On 13 December 1969, Headquarters, Americal Division, published Special Orders (SO) Number 347 appointing him to the permanent grade of private first class (PFC)/E-3 while assigned to HHB, 1st Battalion, 82nd Artillery.
5. On 16 April 1970, Headquarters, Americal Division, published SO Number 106 affecting the following changes effective 4 March 1970: appointing him to the grade of specialist four (SP4)/E-4 in MOS 94B, withdrawing MOS 13A, and awarding him primary MOS (PMOS) 94B and secondary MOS (SMOS) 13A.
6. He was honorably released from active duty on 3 February 1971. His DD Form 214 shows in:
* item 23a (Specialty Number and Title) - 94B2O Cook
* Item 25 (Education and Training Completed) - U.S. Army Training Center, Field Artillery, Field Artillery Basic, 8 weeks
* item 30 (Remarks) - administrative data (civilian education, blood group, and Vietnam service)
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It stated, in pertinent part, that item 23a shows the PMOS code number and title and item 25 shows the education and training completed by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant was formally trained in and held MOS 13A. Since he completed formal training in this MOS, the training course is properly listed in item 25 of his
DD Form 214.
2. Although he initially held PMOS 13A, prior to his release from active duty, specifically on 16 April 1970, he was promoted to SP4 in MOS 94B. PMOS 13A was withdrawn and became his SMOS while MOS 94B became his PMOS. He held this MOS as his PMOS at the time of his release from active duty. Therefore, his PMOS is correctly shown in item 23a of his DD Form 214.
3. His service in Vietnam and his contention are noted. However, his DD Form 214 appears to be administratively correct and he provides no substantiating evidence to show it is in error.
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) AR20140005482
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005482
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100023627
It also contains separation orders issued by the United States Army Personnel Center, Fort Lewis, Washington on 30 June 1971 that lists his MOS as 71F in the standard name line. The DD Form 214 he was issued at the time shows he held MOS 71F on the date of separation. Given the applicant was properly awarded and held PMOS 71F on the date of his REFRAD it would not be appropriate to revoke this MOS or delete all references to it from the record and DD Form 214 as requested by the applicant.
ARMY | BCMR | CY2013 | 20130015689
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...
ARMY | BCMR | CY2014 | 20140007747
Application for correction of military records (with supporting documents provided, if any). He completed basic combat and advanced individual training and he was awarded MOS 94B (Cook) on or about 27 November 1970. With respect to the rank/grade, the evidence of records shows the applicant was convicted by a special court-martial on 6 September 1973.
ARMY | BCMR | CY2006 | 20060007587C070205
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 15 February 1968, to show his military occupational specialty (MOS) was 13A1O and that he served in Vietnam. The applicant's military service records contain a copy of his DD Form 214, with an effective date of 15 February 1968. The applicant contends, in effect, that his DD Form 214, with an effective date of 15 February 1968, should be...
ARMY | BCMR | CY2008 | 20080010167
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that Item 12 (Last Duty of Assignment and Major Command) and Item 23a (Specialty Number & Title) of his separation document (DD Form 214) be corrected. His record also confirms that on the date of his REFRAD, he held the PMOS of 94B, as evidenced by orders on file in his MPRJ and an entry on his DA Form 20, and that this PMOS is properly listed in Item 23a of his...
ARMY | BCMR | CY2005 | 20050015295C070206
Evidence of record shows that the applicant was awarded 94B as his PMOS and 52B was changed to his SMOS per his request. Therefore, there is no error or injustice and no basis for correction of the applicant's DD Form 214. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2014 | 20140007704
The applicant requests correction of item 23 (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United Report of Separation or Discharge). The applicant provides: * Separation Order * Amendment Order * DD Form 214 * EA Form 7 (Individual Training Record) * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The evidence of record clearly shows the applicant was initially trained in and awarded PMOS 11B1O on 1 December 1967 and for most of his military service this was the only MOS...
ARMY | BCMR | CY2002 | 2002069894C070402
There are no orders in the applicant's service personnel records which show that he was awarded the Purple Heart. The Board notes the entry in item 30 of his DD Form 214 which shows that he had 5 days of excess leave from 12 to 16 March 1969, while serving in Vietnam at that time. However, there is no evidence in the available records and the applicant has not provided any evidence to show that he was not granted 5 days of excess leave from 12 to 16 March 1969.
ARMY | BCMR | CY2012 | 20120017166
Having prior active service, the applicant's records show he enlisted in the Regular Army on 23 June 1970 in the rank of PFC and he held MOS's 13A and 13E. There are no orders in his records that show he ever served as a CPL/E-4 or was ever promoted to SGT/E-5. There is no evidence in his record that shows he went before a promotion board and was recommended for promotion to SGT/E-5.
ARMY | BCMR | CY2011 | 20110013900
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100026184, on 4 May 2011. The applicant's records show he held an artillery MOS and served with Artillery units in Vietnam. There is no evidence in the available records that show he met any of the three qualifying conditions for award of the Combat Infantryman Badge.