IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140015481
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 military occupational specialty (MOS) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include 13F (Fire Support Specialist) (known as Automatic Weapons Crewman during the applicant's service).
2. He states his DD Form 214 should have an MOS of 13F since he served in that MOS during his entire 12 months of service in Vietnam. He offers he was assigned to an M42A1 Self-Propelled Anti-Aircraft Gun also known as a "Duster."
3. The applicant provides:
* self-authored statement
* DD Form 214
* an article titled "Order of Battle of Air Defense Artillery"
* email
* numerous photographs with captions
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 12 January 1966. He served in the Republic of Vietnam (RVN) from 9 November 1966 to 2 November 1967. He was honorably released from active duty on 20 December 1968 in the rank of specialist five (SP5) and he was credited with completing 2 years, 11 months, and 9 days of total active service.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 22 (MOS):
* secondary MOS (SMOS) 13F, Automatic Weapons Crewman,
1 September 1967
* primary MOS (PMOS) 71H, Personnel Specialist, 21 February 1968
b. Item 38 (Record of Assignments)
* 9 November 1966 to 30 October 1967, Light Truck Driver, C Battery, 5th Battalion, 2nd Artillery, U.S. Army Pacific
* 1 November 1967, casual, enroute to the continental United States
4. Headquarters, Special Troops, Fort Riley, KS, Special Orders Number 20, dated 21 February 1968, show the applicant was promoted to SP5 in MOS 71H20.
5. Headquarters, Fort Riley, KS, Special Orders Number 89, dated 29 April 1968, show that effective 29 April 1968, his SMOS 13F was withdrawn.
6. The applicants DD Form 214 lists his "Specialty Number and Title" in item 23a as 71H20, Personnel Specialist.
7. The applicant's record is void of any evidence that shows he was awarded 13F as his PMOS or SMOS prior to his separation on 20 December 1968.
8. The applicant provided numerous photos which he maintains show him on or near a Duster. Additionally, he provides an email from a fellow Soldier that verifies he was on a Duster.
9. Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states, in part, to enter the specialty number and title in item 23a at the time of separation.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant served as a 13F during his service in the RVN from 9 November 1966 to 30 October 1967. Additionally he was awarded SMOS 13F on 1 September 1967; however the MOS was withdrawn on 29 April 1968. The evidence further shows he was promoted to SP5 and awarded his PMOS of 71H on 21 February 1968. There is no evidence to show he held MOS 13F at the time of his separation. Therefore, his DD Form 214 is correct as constituted.
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) AR20140015481
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ABCMR Record of Proceedings (cont) AR20140015481
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