IN THE CASE OF: BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015202 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: 31 January 2017 DOCKET NUMBER: AR20150015202 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ___________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: 31 January 2017 DOCKET NUMBER: AR20150015202 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 the military occupational specialty (MOS) recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states his DD Form 214 shows MOS 71H2O (Personnel Specialist). He states he served in Vietnam as a machine gunner and he was awarded the Combat Infantryman Badge. He carried an M-60 machinegun (with 500 rounds) and a .45 caliber pistol when he performed search and destroy missions during combat operations. He adds that the Department of Veterans Affairs has granted him service-connected disabilities related to Agent Orange, which offers proof he served as a combat Soldier in Vietnam. 3. The applicant provides copies of four photographs and 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 enlisted and entered active duty on 10 June 1964 for a period of 3 years. 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 22 (MOS – Code, Title, Date) – * 11B1O, Light Weapons Infantryman, 2 March 1966 (lined-thru) * 71H2O, Personnel Specialist, 8 November 1964 (Primary MOS) * item 27 (Military Education): Personnel Administrative Specialist Course, MOS Code 716, 8 Weeks, 1964 * item 29 (Qualification in Arms): M-14 Rifle, Sharpshooter, 23 July 1965 * item 31 (Foreign Service): Vietnam from 25 September 1965 through 23 September 1966 * item 38 (Record of Assignment – Duty MOS, Duty Title, Organization): * 711.10; Advanced Individual Training; Company G, 5th Training Regiment, Fort Dix, NJ (28 August 1964 to 7 September 1964) * 716.10; Advanced Individual Training; Company I, 5th Training Regiment, Fort Dix, NJ (8 September 1964 to 12 November 1964) * 11B2O; Machine Gunner; Company A, 1st Battalion, 26th Infantry (16 October 1965 to 20 September 1966) 4. Headquarters, 1st Infantry Division (U.S. Army, Vietnam (USARV)), Special Orders Number 309, dated 16 December 1965, awarded the applicant the Combat Infantryman Badge. The orders show his MOS as 11B2O and that he was assigned to Company A, 1st Battalion, 26th Infantry. 5. Headquarters, 2nd Armored Division, Fort Hood, TX, Special Orders Number 365, dated 31 December 1966, promoted the applicant to specialist five (SP5)/pay grade E-5 in MOS 71H2O. 6. A review of the applicant's military personnel records failed to reveal any evidence that he completed the light weapons infantryman course or that orders awarded him MOS 11B. 7. A DD Form 214 shows the applicant entered active duty on 10 June 1964, was honorably released from active duty on 9 June 1967, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. He had completed 3 years of net active service this period. It also shows in: * item 22 (Statement of Service), block c (Foreign and/or Sea Service): "USARV" – 0 years, 11 months, 29 days * item 23a (Specialty Number and Title): "71H2O, Personnel Specialist" * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Vietnam Service Medal with 2 Bronze Service Stars * National Defense Service Medal * Republic of Vietnam Campaign Medal * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar * Army Good Conduct Medal * item 25 (Education and Training Completed): Personnel Administrative Specialist Course – Records Specialist 8. In support of his application the applicant provides copies of four photographs with handwritten captions that, in pertinent part, identify the applicant as the Soldier in a field environment with an M-60 machinegun. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for: * item 22, block c, enter total active duty outside continental limits of the United States for the period covered and the last oversea theater service was performed (e.g., "Foreign and/or Sea Service: "USARV") * item 23a: enter primary MOS code and title * item 25, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted Soldier has completed successfully during the period covered DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show a combat MOS (11B) because he served as a machine gunner during combat operations in Vietnam and he was awarded the Combat Infantryman Badge. 2. The evidence of record shows the applicant completed training as a personnel specialist and he was awarded primary MOS 71H2O on 8 November 1964. a. There is no evidence of record that shows he was awarded MOS 11B as his primary MOS. It is noted that item 22 of his DA Form 20 shows he was awarded MOS 11B1O on 2 March 1966; however, the entry was deleted. b. Item 38 of his DA Form 20 shows he served in Duty MOS 11B2O as a machine gunner while assigned to Company A, 1st Battalion, 26th Infantry Regiment, from 16 October 1965 to 20 September 1966. c. Orders awarded him the Combat Infantryman Badge and they also show he held MOS 11B2O. The evidence shows no reason to question the validity of the order. d. Item 22, block c, shows he served in Vietnam (i.e., USARV) for 11 months and 29 days. e. Orders promoted him to SP5/E-5 in MOS 71H2O on 31 December 1966. f. The evidence of record shows the primary MOS code and title will be entered in item 23a of the DD Form 214. 3. His DD Form 214 correctly shows his primary MOS (i.e., 71H2O). In addition, the evidence of record, including the award of the Combat Infantryman Badge, also shows that his DD Form 214 properly shows his service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015202 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015202 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2