IN THE CASE OF: BOARD DATE: 3 December 2014 DOCKET NUMBER: AR20140005482 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 his military occupational specialty (MOS) as 13A (Field Artillery) versus 94B (Cook). 2. The applicant states he completed advanced individual training at Fort Sill, OK, for an artillery MOS and served in Vietnam as an artilleryman. He drove rations for 2 months but the other 12 months were in the artillery. 3. The applicant provides: * DD Form 214 * DA Form 137 (Installation Clearance Record) * DA Form 2658 (Health Record - Abstract of Service) * Standard Form 519 (Clinical Record-Radiographic Report) 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's records show he was inducted into the Army of the United States on 2 July 1969. He completed basic combat training at Fort Dix, NJ, and then advanced individual training at Fort Sill, OK. He was awarded MOS 13A. 3. He served in Vietnam from 28 November 1969 to 2 February 1971. He was assigned to Headquarters and Headquarters Battery (HHB), 1st Battalion, 82nd Artillery Regiment, Americal Division. 4. On 13 December 1969, Headquarters, Americal Division, published Special Orders (SO) Number 347 appointing him to the permanent grade of private first class (PFC)/E-3 while assigned to HHB, 1st Battalion, 82nd Artillery. 5. On 16 April 1970, Headquarters, Americal Division, published SO Number 106 affecting the following changes effective 4 March 1970: appointing him to the grade of specialist four (SP4)/E-4 in MOS 94B, withdrawing MOS 13A, and awarding him primary MOS (PMOS) 94B and secondary MOS (SMOS) 13A. 6. He was honorably released from active duty on 3 February 1971. His DD Form 214 shows in: * item 23a (Specialty Number and Title) - 94B2O Cook * Item 25 (Education and Training Completed) - U.S. Army Training Center, Field Artillery, Field Artillery Basic, 8 weeks * item 30 (Remarks) - administrative data (civilian education, blood group, and Vietnam service) 7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It stated, in pertinent part, that item 23a shows the PMOS code number and title and item 25 shows the education and training completed by the Soldier. DISCUSSION AND CONCLUSIONS: 1. The applicant was formally trained in and held MOS 13A. Since he completed formal training in this MOS, the training course is properly listed in item 25 of his DD Form 214. 2. Although he initially held PMOS 13A, prior to his release from active duty, specifically on 16 April 1970, he was promoted to SP4 in MOS 94B. PMOS 13A was withdrawn and became his SMOS while MOS 94B became his PMOS. He held this MOS as his PMOS at the time of his release from active duty. Therefore, his PMOS is correctly shown in item 23a of his DD Form 214. 3. His service in Vietnam and his contention are noted. However, his DD Form 214 appears to be administratively correct and he provides no substantiating evidence to show it is in error. 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) AR20140005482 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140005482 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1