IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001684
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 reconsideration of his request for 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) 11B and served as a security guard in the Republic of Vietnam (RVN).
2. The applicant states his DD Form 214 shows in Item 30 (Remarks) that he was a cook in the RVN. He argues that there were too many cooks in the RVN at the time and he was used as a security guard. He wants this correction to support his claim with the Department of Veterans Affairs (VA) for hearing loss and tinnitus.
3. The applicant provides:
* a self-authored letter
* A DA Form 20 (Enlisted Qualification Record)
* DD Forms 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice)
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130020921 on 10 July 2014.
2. The applicant provided new documentation that was not previously considered by the Board and warrants reconsideration at this time.
3. On 18 May 1970, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded MOS 94B (Cook).
4. On or about 18 September 1970, the applicant departed the United States for duty in the RVN.
5. On 20 October 1970, the applicant was assigned to the U.S. Military Assistance Command, Vietnam (MACV) in MOS 94B as a First Cook.
6. On or about 10 October 1971, the applicant departed the RVN for duty at Fort Dix, NJ as a cook.
7. On 10 January 1972, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He attained the rank/grade of specialist four (SP4)/E-4, and completed 1 year,
7 months, and 23 days of total active service. His DD Form 214 shows in:
a. Item 23a (Specialty Number and Title): 94B2O 11 September 1970; and
b. Item 30 that Item 23a was continued to provide the title of his MOS and the dates of his service in the RVN.
8. The applicant provided the following documents in support of his request for reconsideration:
a. A self-authored letter which states, in effect, that he was stationed in Da Nang, Vietnam attached with MACV Team 1, assigned as a sentinel guard; therefore, since his assigned duties had changed, so did his MOS.
b. A DA Form 20 in which item 22 (MOS) lists his primary MOS as 94B (Cook) with an effective date of 11 September 1970, and a secondary MOS as 11B (Infantryman) with an effective date of 21 October 1971.
c. Two DA Forms 2627-1 that show:
* he received two Article 15s in the RVN for sleeping on post and for failing to go to his appointed place of duty for guard formation; he indicates this proves his MOS was changed from a cook to infantryman
9. There is no evidence in the applicants records to show he was awarded the primary MOS of 11B.
10. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It provides that the entry in Item 23a would report the Soldier's MOS. Item 30 was used to complete entries too long for a specific item. The regulation did not provide for entering secondary MOS's on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration of his previous request in which he contends that his DD Form 214 should be corrected to show he served as an 11B as a security guard in the RVN.
2. The available evidence clearly shows that the applicant was trained in and awarded MOS 94B as a cook. His military records show he served with MACV in the RVN as a first cook. Though it appears he was detailed for guard duty during his service in Vietnam, serving on such a detail did not change a Soldier's primary MOS. The record shows he was awarded 11B as a secondary MOS. However, there was no authority for entering a secondary MOS on a Soldier's
DD Form 214.
3. There is no apparent error or injustice with the contents of the applicant's military records or DD Form 214.
4. In view of the above, the applicant's request should be denied.
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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130020921 on 10 July 2014.
__________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) AR20130020921
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150001684
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