IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140018827
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 record to show his military occupational specialty (MOS) as an "Air Cargo Handler."
2. The applicant states the MOS shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect the type of work he did while on active duty. He never worked as an Auto Repair and Parts Specialist and was not aware of his MOS being changed. He relates that in Vietnam support troops did whatever needed to be done. He spent most of his tour in Vietnam working with the Air Force at Pleiku. He helped supply the outlying fire bases and numerous times he was sprayed with Agent Orange.
3. The applicant provides his personal statement and copies of a Certificate of Achievement and the forwarding letter.
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 on 21 January 1966. He completed basic combat training at Fort Polk, Louisiana and transferred to Fort Riley, Kansas where he completed advanced individual training and was awarded MOS 44C (Welder) on 20 June 1966. On 24 June 1966, he was assigned to the 90th Supply Company as a supply clerk in duty MOS 76A1O.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 22 (MOSs) 44C Welder and 76S2O Auto Repair Parts Specialist and
b. item 38 (Assignments) On 20 September 1966, he arrived in Vietnam and served as a supply clerk in duty MOS 76A with the 90th Supply Company. His duty MOS was changed to 76C2O and his principal duty was changed to Engineer Storage Specialist on 25 November 1966. On 1 July 1967, his duty MOS was changed to 76S2O but his principal duty remained the same.
4. Unit orders, dated 21 January 1967, awarded 76D2O (Supply Specialist) as his primary MOS and changed 44C2O to a secondary MOS. Unit orders, dated 1 July 1967, awarded him MOS 76S2O and withdrew MOS 76D2O.
5. On 13 November 1967, the applicant returned to the United States. He was honorably released from active duty on 16 November 1967.
6. His DD Form 214 shows in item 23a his MOS as 76S2O (Auto Repair and Parts Specialist).
7. The Certificate of Achievement the applicant submitted in support of his application commended him for his performance while assigned as an Air Cargo Handler with the 90th Heavy Material Supply Company (Combat Support). There was no mention of his MOS, no other description of his duties and no reference to his being attached or assigned for temporary duty to the Air Force.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, provided the policies and procedures for preparing separation documents, including item by item instructions for completing the DD Form 214. The instructions for 23a state to enter the primary MOS code number, title and date.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately there is no available evidence to show the applicants Vietnam duty as he describes it, although the Certificate of Appreciation shows he provided laudatory service.
2. Assignment of Soldiers to tasks outside an officially awarded MOS is not unusual and was not recorded, at that time, except to show a duty MOS in item 38 of the DA Form 20. That item did not reflect temporary assignments or attachments.
3. His records do not show he was ever awarded an MOS title of "Air Cargo Handler." However, his records show he was officially awarded MOS 76S2O during his active service, the MOS which he held at the time of his separation from active duty. His DD Form 214 lists his primary specialty as 76S2O.
4. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20140018827
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ABCMR Record of Proceedings (cont) AR20140018827
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