IN THE CASE OF:  

		BOARD DATE:  24 March 2015

		DOCKET NUMBER:  AR20140014225


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 correction of item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held military occupational specialties (MOS) 13B4O (Field Artillery (FA) Gunner/Chief of Section) and 13F3O (Artillery Forward Observer) or 13F2O, instead of MOS 13B4O (FA Crewman).

2.  The applicant states from October 1971 through March 1972, he served principally as a reconnaissance sergeant (SGT).  In this capacity, he forward observed and adjusted fire for over 100 artillery fire missions, nearly all at night.  His DD Form 214 lists his specialty number and title as "13B4O (FA Crewman)"; however, FA Crewman is the title for MOS 13A1O [Field Artillery Basic].  He was an Artillery Gunner or Chief of Section, as stated in his record of assignments.

3.  The applicant provides:

* DD Form 214 for the period ending 7 August 1973
* DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 18 September 1973
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 11 September 1996
* an extract of his DA Form 20 (Enlisted Qualification Record)
* a copy of a Hometown News Release, issued by the Army Home Town News Center on 4 April 1972
* a color photograph of the applicant and another Soldier in the Republic of Vietnam
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 enlisted in the Regular Army on 30 July 1970.  He entered active duty and completed basic training at Fort Campbell, Kentucky.

3.  He was reassigned to Fort Sill, Oklahoma, where he completed advanced individual training (AIT) and skills development base training (Noncommissioned Officer (NCO) Candidate Course).  Upon the completion of AIT, he was awarded MOS 13A.

4.  Special Orders Number 120, issued by the U.S. Army FA School Brigade, Fort Sill, Oklahoma on 30 April 1971, show that upon the completion of the NCO Candidate Course, he was awarded MOS 13B4O and promoted to the rank/grade of SGT/E-5. 

5.  His DA Form 20 shows in: 

* Item 22 (MOS), his primary (and only) MOS identified is MOS 13B4O    (FA Crewman)
* Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 24 July 1971 through on or about 2 March 1972
* Item 38 (Record of Assignments), he served as a "Gunner" and "Section Chief" in MOS 13B4O
* Item 38, during his service in the Republic of Vietnam he was assigned to: 

* Battery C, 6th Battalion, 11th Artillery Regiment, from on or about         6 August 1971 through on or about 20 October 1971
* Battery A, 1st Battalion, 321st Field Artillery Regiment, from on or about 27 October 1971 through 2 March 1972


6.  On 7 August 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  

* Item 23a of his DD Form 214 shows the entry "13B4O, FA Crewman,     19 Jan 71"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  On 18 September 1973, a DD Form 215 was issued that amended item 24 of his DD Form 214, for the period ending 7 August 1973, by adding the Vietnam Service Medal with 3 bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

8.  On 11 September 1996, a DD Form 215 was issued that further amended item 24 of his DD Form 214, for the period ending 7 August 1973, by adding the Bronze Star Medal with 1st Oak Leaf Cluster.

9.  The applicant's record is void of orders or other evidence that shows he was awarded or held MOS 13F during his period of military service.  

10.  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, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states for item 23a, enter primary occupational military specialty code number and title.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Republic of Vietnam.  This pamphlet shows the unit to which the applicant was assigned, the 1st Battalion, 321st Field Artillery Regiment, was cited for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March through 31 October 1971 (a portion of which he was assigned), by Department of the Army General Order Number 6, dated 1974.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be amended to show he held MOSs 13B4O (FA Gunner/Chief of Section) and 13F3O and 13F2O, instead of 13B4O (FA Crewman).

2.  The evidence of record confirms he was awarded MOS 13B4O upon his completion of the NCO Candidate Course.  He was promoted to the rank/grade of SGT/E-5 and he served the remainder of his service in this MOS.  

3.  Item 23a of his DD Form 214 lists the appropriate MOS number – the applicant takes exception with the MOS title, since it is the same title associated with the MOS when initially awarded and does not take into consideration his status as an NCO.  Although the title as listed is not incorrect, it would not be inappropriate to acknowledge his NCO status and correct the entry to show he served in MOS 13B4O as a "FA Gunner/Chief of Section," as stated on his DA Form 20.  

4.  His record is void of orders or other evidence that shows he was awarded or held MOS 13F during his period of military service.  As such, there is an insufficient basis to correct his DD Form 214 to show he served in this MOS.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X__  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  With regard to the new issue, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* amending item 23a of his DD Form 214 by deleting the current entry and replacing it with "13B4O (FA Gunner/Chief of Section) 19 Jan 71"
* amending item 24 of his DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation
2.  The Board further determined the evidence presented is 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 correcting his DD Form 214 to show he held MOSs 13F3O or 13F2O.





      ____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140014225



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