IN THE CASE OF: BOARD DATE: 21 September 2020 DOCKET NUMBER: AR20200001801 APPLICANT REQUESTS: correction of his Military Occupational Specialty (MOS) as currently reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect 11B20 Light-Weapons Infantry Crewman. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 dated 19 March 1971 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he completed 11B (Light-Weapons Infantry Crewman) Advanced Individual Training (AIT). After arriving at his duty assignment, he was reassigned into a supply position for approximately 2 months until a MOS qualified Supply Specialist (76Y) arrived. He contests that during this period, there was a division inspection which included the supply area. His MOS was switched from 11B to 76Y for that inspection without his consent. The reasoning behind this change was purely based upon the self centered action of the Supply Sergeant to offer the perception of a fully staffed/trained office for the inspection. Once a trained 76Y arrived, he was placed into an infantry platoon. While serving within an infantry platoon, he was exposed to Agent Orange and is currently dealing with the effects of it. This request may appear trivial; however, he is proud of his service and simply wants his DD Form 214 and ultimately his grave marker to reflect accordingly. His service as an Infantryman has become more important to him over time. 3. A review of the applicant’s available service records reflects the following: a. On 13 August 1969 he was inducted into the Regular Army. b. Review of his DA Form 20 (Enlisted Personnel Qualification Record) reflects that on 18 December 1969 he was awarded the 11B MOS. On 10 March 1970 he was reassigned to a “Unit & Organization Supply Specialist” duty position and was awarded 76Y30 as his primary MOS with 11B now listed as his secondary MOS. Item 27 (Military Education) is void of corresponding information pertaining a 76 series MOS. c. On 21 October 1970 (Order# 294) was issued terminating his entitlement to hazardous duty/hostile fire pay effective 30 September 1970. Contained within these orders is the applicant’s MOS as 11B20. He was entitled to hostile fire pay from 1 July 1970 through 30 September 1970. d. On 20 January 1970 (Order) he was reassigned to the United States Army Transfer Station pending separation. Contained within these orders is the applicants MOS as 76Y30. At the time of issue, the applicant was assigned to Charlie Company, 1st Battalion 23rd Infantry Division. e. On 18 March 1971 (Order) he was to be released from active duty effective 19 March 1971. Contained within these orders is the applicant’s MOS as 76U30. f. On 19 March 1971 he was honorably discharged from the Regular Army and transferred into the United States Army Reserve (USAR). At the time of issue, the applicant was assigned to Charlie Company, 1st Battalion 23rd Infantry Division (Item 12 (Last Duty Assignment or Command) as a 76Y30 Unit and Organization Supply Specialist (Item 23a Specialty Number and Title). g. On 23 July 1975 (Order#) he was honorably discharged from the USAR effective 1 August 1975. 4. The applicant provides a DD Form 214 dated 19 March 1971 reflective of his honorable discharge from active duty which shows in: * Item 12 (Last Duty Assignment or Command) contains “Charlie Company, 1st Battalion 23rd Infantry Division” * Item 23a. (Specialty Number & Title) contains 76Y30 – Unit & Organization Supply Specialist * Item 25 (Education and Training Completed) contains “Light Weapons Infantry Crewmember – 9 weeks” 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Regulation stipulates that only the primary MOS and MOSs held for one year or more are entered in items 23a and 23b of the DD Form 214. While the applicant was awarded the 11B MOS, his records indicate 11B was his secondary MOS, not his primary. He was reassigned to a 76Y MOS and his primary MOS is listed as 76Y in his records. Therefore, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separations - Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Personnel officers will prepare and authenticate DD Form 214 (Worksheet) prior to forwarding records to the transfer facility. All available records will be used as a basis for the preparation of DD Form 214 (Worksheet), including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. Item 23a. and 23b. will contain the Primary Military Occupational Specialty (PMOS) code number, title, and date of award. If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and code number from the Dictionary of Occupational Titles. Item 25 will contain service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared. For enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, off duty courses that the enlisted Soldier has completed successfully during the period covered by the DD Form 214 being prepared. 3. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001801 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1