IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140016119
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 a duty military occupational specialty (MOS) of 11B (Infantryman).
2. The applicant states:
a. He was stationed in Korea on the demilitarized zone (DMZ). When he arrived in Korea he was placed on guard duty although he did not have any infantry training. He was not assigned in his MOS of 94B (Food Service Specialist); he was assigned duty as a foot Soldier.
b. He stayed on the DMZ for 6 months. He suffered frostbite and was taken to the dispensary to see a doctor. He was placed on bed rest for 3 weeks. The first sergeant and the captain told him that he was needed in the kitchen. He asked why he was not assigned as a cook from the beginning but he was not given an answer.
c. He prepared a Thanksgiving dinner and the sergeant major asked where he learned to cook and he replied from his parents. He explained to the sergeant major what happened to him when he arrived in Korea. The sergeant major requested that his rank be restored. He would like for his duties as an infantryman to be reflected on his DD Form 214.
3. The applicant provides his DD Form 214 and a self-authored statement.
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 was inducted into the Army of the United States on 26 October 1967. He completed basic combat training and advanced individual training and was awarded MOS 94B.
3. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:
a. Item 22 (Military Occupational Specialties) shows his primary military occupational specialty as "94B2O."
b. Item 38 (Record of Assignments) shows that during the period 10 May 1968 to 5 April 1969 he served in duty MOS 11B with Company B, 1st Battalion, 9th Infantry, 2nd Infantry Division in Korea.
4. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve on 24 October 1969. He had completed 1 year, 11 months, and 29 days of total active service. Item 23a (Primary Specialty and Title) on his DD Form 214 shows "94B2O" as his MOS.
5. Army Regulation 635-5 (Separation Documents,) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the primary MOS code number and title would be entered in item 23a of the individual's DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. Although his DA Form 20 shows he was assigned to an MOS 11B duty position while he was in Korea, there is no evidence he was ever awarded MOS 11B. Evidence shows that at the time of his release from active duty on 24 October 1969 he held MOS "94B2O" which is currently reflected on his DD Form 214.
3. In accordance with applicable regulation, the MOS held on the date of separation would be entered in item 23a on the DD Form 214. There is no regulatory requirement to enter a duty MOS on his DD Form 214.
4. In view of the foregoing, the applicant's request should be denied.
5. A copy of his DA Form 20 will be provided to him. This should clarify any questions regarding his duty MOS.
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) AR20140015945
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ABCMR Record of Proceedings (cont) AR20140015945
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