IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009996 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009996 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 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. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009996 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 correction of items 12 (Last Duty Assignment and Major Command) and 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states: * item 12 of his DD Form 214 should reflect his assignment to "Charlie Battery [Battery C]," 4th Battalion, 60th Artillery Regiment * item 23a of his DD Form 214 should reflect his military occupational specialty (MOS) as 05B (Radio Operator) 3. The applicant provides a copy of his DD Form 214. 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 2 December 1969. 3. Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, OK, Special Orders Number 84, dated 13 April 1970, show his MOS as 13A (Field Artillery Basic). 4. Battery C, 4th Battalion, 60th Artillery Regiment, Unit Orders Number 56, dated 28 September 1970, appointed him to the rank of specialist four/E-4 and awarded him MOS 05B and withdrew MOS 13A. These orders show he was promoted in MOS 05B. 5. Headquarters, 4th Battalion, 60th Artillery Regiment, Special Orders Number 18, dated 21 January 1971, awarded him primary MOS 31B (Field Radio Mechanic) and secondary MOS 13A and withdrew MOS 13A as his primary MOS. His records do not contain orders withdrawing MOS 05B. 6. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows his primary MOS as 31B effective 21 January 1971 and MOS 13A awarded effective 17 April 1970 was designated as his secondary MOS. 7. Headquarters, 4th Battalion, 60th Artillery Regiment, Special Orders Number 120, dated 24 May 1971, reassigned him from Battery C, 4th Battalion, 60th Artillery Regiment, to Battery D, 4th Battalion, 60th Artillery Regiment, effective 31 May 1971. 8. Item 38 (Record of Assignments) of his DA Form 20 shows he served in duty MOS 09B (Trainee), 13A, 16F (Cannoneer), and 31B. MOS 05B is not listed on his DA Form 20. 9. On 5 July 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 12 of his DD Form 214 shows his last duty assignment as Battery D, 4th Battalion, 60th Artillery Regiment, U.S. Army Vietnam. Item 23a shows his MOS as 31B, Field Radio Mechanic. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions stated: a. Enter the losing unit of assignment as shown in the standard name line and title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Major Command/Agency" of the orders reassigning the individual to the transfer activity or the medical holding detachment in item 12. b. Enter the primary MOS code number and title in item 23a. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's request to correct items 12 and 23a of his DD Form 214 were carefully considered. 2. Orders show the applicant was reassigned from Battery C to Battery D, 4th Battalion, 60th Artillery Regiment, effective 31 May 1971. His DD Form 214 appropriately lists his last duty assignment as Battery D, 4th Battalion, 60th Artillery Regiment. 3. Although his records contain orders promoting him to the rank/grade of specialist four/E-4 in MOS 05B on 28 September 1970, there is no other evidence of record he qualified in and held MOS 05B. All other records consistently corroborate he was initially awarded MOS 13A in April 1970 and he was awarded the primary MOS 31B on 21 January 1971 with MOS 13A becoming his secondary MOS. In the absence of documentary evidence to the contrary, administrative regularity must be presumed. 4. His DD Form 214 appropriately lists his MOS as 31B at the time of his release from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009996 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009996 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2