PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 October 2000                   
	DOCKET NUMBER:   AR2000043574

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his Report of Transfer or Discharge,   DD Form 214, be corrected to show his military occupational specialty (MOS) was 11B1P.

3.  The applicant states that he was trained in MOS 11B (Light Weapons Infantryman).  He never trained in 11C (Infantry Indirect Fire Crewman).  He believes this is a typographical error.  Counsel contends that the applicant’s records verify that he did go through 11B training and only later received additional training as an 11C.  Counsel believes the applicant’s request either should be granted; that both MOSs be entered in item 23a of his DD Form 214; or that his 11B training be added to item 25 of his DD Form 214.

4.  The applicant's military records show that he enlisted in the Regular Army on 23 August 1968 for Army Career Group 11 Infantry Airborne.  He completed basic combat training and advanced individual training (AIT) in MOS 11B and was awarded primary MOS (PMOS) 11B.  (Although item 27, Military Education on his Personnel Qualification Record, DA Form 20, contains a deleted entry of 11C training, item 38, Record of Assignments clearly shows he attended 11B AIT).  He completed basic airborne training and was awarded PMOS 11B1P.

5.  On 10 March 1969, the applicant was promoted to Specialist Four, E-4 in MOS 11C2P.

6.  Special Orders 7, Headquarters, 82d Airborne Division dated 8 January 1970 awarded the applicant PMOS 11C2P and withdrew PMOS 11B1P.

7.  The applicant arrived in Vietnam in March 1970 where he performed duties as an 11C2P, mortar gunner.  He departed Vietnam in January 1971 and arrived at Fort Bragg, NC where he performed duties as an 11C2P, gunner.  He was released from active duty on 20 August 1971.  His DD Form 214, item 23a shows his MOS as 11C2P.

8.  Army Regulation 600-200 prescribes policies pertaining to career management of Army enlisted personnel.  Chapter 7 at the time prescribed policies pertaining to the promotion and reduction of enlisted personnel.  It stated that individuals could be recommended for promotion by the unit commander only against authorized position vacancies existing or projected for a 2-month period within the command as announced by the promotion authority.  To be eligible for a promotion, the individual must have been awarded, or been fully qualified for the award of, the MOS code in which the promotion was to be made if it was not the individual’s PMOS.  If the MOS in which the promotion was to be made was not the individual’s PMOS, it would be awarded as the PMOS at the time of the promotion.  The commander’s recommendation of an individual for promotion in an MOS constituted affirmation by the commander that the individual was fully qualified in all aspects of the MOS in which recommended.  Acceptance of the promotion would be considered as attesting by the promoted individual that he considered himself to be fully qualified in the MOS in which promoted.

9.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon discharge from active military service.  It establishes standardized policy for the preparation of DD Form 214.  The regulation in effect at the time stated that block 23a would contain the primary MOS code number and title.  Item 25 would contain training courses, to include installation training courses, successfully completed during the period covered by the DD Form 214.

CONCLUSIONS:

1.  The evidence of record does show that the applicant had been formally trained in MOS 11B and had been awarded MOS 11B1P as his PMOS.  However, he was promoted to Specialist Four in MOS 11C, presumably because there were no 11B vacancies to which he could have been promoted.  Once he accepted promotion in that MOS, it was required that he be awarded 11C as his PMOS.  Accordingly, although belatedly, PMOS 11B1P was withdrawn and he was awarded PMOS 11C2P.  The evidence of record further shows that he performed duties in MOS 11C during his last two assignments.  Regulatory guidance for preparing the DD Form 214 provided for entering only the PMOS in item 23a; therefore, 11C2P is the correct entry.

2.  However, the Board agrees with counsel’s contention that if 11B cannot be entered in item 23a, the applicant’s training in 11B should be entered in item 25.  The regulation in effect at the time, unlike the regulation currently in effect, did not prohibit the entry of combat skills training courses in the military education block.  The evidence of record shows the applicant completed 11B AIT.  That training should be reflected in item 25.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be corrected to add “Light Weapons Infantryman” in item 25. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __lds___  __bje___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043574	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.