IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140018144


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 he held military occupational specialty (MOS) 67A1F (Aircraft Maintenance Apprentice – Door Gunner) instead of MOS 94B2O (Cook).

2.  The applicant states his DD Form 214 shows he served in MOS 94B as a cook; however, he never worked in that MOS.  In fact, he served in MOS 67A1F while assigned to the 71st Aviation Company as a crewmember/door gunner in Vietnam.  Now, the Department of Veterans Affairs (VA) is denying his service claim because his stated injuries are inconsistent with his duties as specified on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and:

* DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 142, issued by Headquarters, 23rd Infantry Division on 22 May 1971
* DA Form 87 (Certificate of Training), documenting his completion of the U.S. Army Formal Door Gunner Training Course
* numerous photocopies of his personal photographs taken during his service in Vietnam
* DA Form 2139-1 (Military Pay Voucher), covering the pay period 1 July – 31 July 1971


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 6 October 1970.  After completing his initial entry training, he was awarded MOS 94B.

3.  He served in the Republic of Vietnam from on or about 11 April 1971 through on or about 17 February 1972, where he was first assigned to the 71st Aviation Company (Assault Helicopter) and later assigned to the 148th Supply and Service Company.

4.  Special Orders Number 142, issued by Headquarters, 23rd Infantry Division (Americal) on 22 May 1971, initiated his placement on flight status as a crewmember/door gunner effective 27 April 1971.

5.  Special Orders Number 180, issued by Headquarters, 23rd Infantry Division (Americal) on 29 June 1971, announced his promotion to the rank/grade of specialist four/E-4 and award of MOS 67A1F as his secondary MOS effective  
21 June 1971.  The standard name line on these orders identifies his MOS as 94B2O.

6.  Special Orders Number 236, issued by Headquarters, 23rd Infantry Division (Americal) on 24 August 1971, announced his award of the Aircraft Crewman Badge as a permanent award effective 27 July 1971.  The standard name line on these orders identifies his MOS as 94B2O.

7.  Special Orders Number 262, issued by Headquarters, U.S. Army Support Command, Da Nang on 19 September 1971, reassigned him to the 148th Supply and Service Company effective 19 September 1971.  These orders show his duty MOS as 94B2O.

8.  He was honorably released from active duty and transferred to the U.S. Army Reserve on 18 February 1972.  Item 23a (Specialty Number and Title) of his    DD Form 214 shows he held MOS 94B2O at the time of his release from active duty.

9.  Item 22 (MOS) of his DA Form 20 identifies MOS 94B2O as his primary MOS. This item also shows MOS 67A1F as one of his awarded MOSs; however, it does not identify it as his primary MOS.

10.  Army Regulation 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The version in effect at the time provided that for item 23a, the preparer would enter the separating Soldier's primary MOS code number and title.  The regulatory instructions at the time made no provisions for entering a separating Soldier's secondary MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should show he held MOS 67A1F since he served as an aviation crewmember/door gunner during his service in Vietnam.

2.  The evidence of record shows he served as an aviation crewmember/door gunner with the 71st Aviation Company from on or about 11 April 1971 through on or about 18 September 1971.  Special orders at the time promoted him to the rank/grade of specialist four/E-4 and awarded MOS 67A1F as his secondary MOS.  

3.  The evidence further shows he was reassigned to the 148th Supply and Service Company, effective 19 September 1971, for duty in MOS 94B. 

4.  The evidence of record shows his primary MOS was consistently shown throughout his records, and specifically during his period of service in the Republic of Vietnam, as 94B2O.

5.  Army Regulation 635-5 states that item 23a will document the primary MOS code and title of the separating Soldier.  The evidence of record confirms the applicant's primary MOS was 94B2O throughout his period of service, but especially at the time of his separation.

6.  His contention that he never served in MOS 94B2O is noted; however, the evidence of record does not support this contention since he was not serving in MOS 67A1F during the period he was assigned to the 148th Supply and Service Company.  Since his record does not identify any other MOSs he was awarded, it must be concluded he did, in fact, serve as a 94B2O during this period, which is consistent with the entry on his DD Form 214.

7.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140018144



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