ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 June 2021 DOCKET NUMBER: AR20210005297 APPLICANT REQUESTS: correction to the spelling of his first name and military occupational specialty (MOS) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (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 on his DD Form 214, his first name is misspelled, it should be and MOS is listed as 11C40, it should be 11B40. His name was misspelled at the time release. MOS was listed incorrectly. 3. The applicant was inducted into the Army of the United States on 27 September 1968. His DD Form 47 (Record of Induction 1968) shows his first name spelled 4. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded the primary MOS 11C40 (Infantry Indirect Fire Crewman) on 28 February 1969. 5. The applicant was honorably discharged on 25 September 1970 under Army Regulation 635-200 for expiration of term of service. His DD Form 214 shows his first name as and his MOS as 11C40. 6. A review of the applicant’s records found all documents in the applicant’s service record, other than his DD Form 214, reflect his first name spelled as. There is sufficient evidence to grant the applicant’s request to correct his first name. No further action is required on this matter by the board. 7. The applicant enlisted in the Arkansas Army National Guard on 6 February 1984. 8. A NGB Form 22 (Report of Separation and Record of Service), dated 25 July 1984, shows the applicant was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) after 5 months and 20 days. Item 12 (Military Education) reflects “Indirect Crewman 11C40 Sep 68”. 9. A second NGB Form 22, dated 1 November 1991, shows the applicant was transferred to the USAR Control Group (Reinforcing) after 5 years, 2 months, and 25 days of service, this period. Item 13 (Primary Specialty Number, Title and Date Awarded) shows: * primary specialty 11B20, Infantryman (17 July 1991) * secondary specialty 11C20, Indirect Fire Infantryman (27 September 1968) BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant’s MOS was corrected listed on his DD Form 214. He is advised the DD Form 214 shows the circumstances that existed at the time the form was created. Therefore, any subsequent changes to his MOS, does not require the changing of the previous DD Form 214. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 9/15/2021 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. ADMINISTRATIVE NOTE(S): Correct Block 1 of the applicant’s DD Form 214 for the period ending 25 September 1970 to show his first name as REFERENCES: 1. Title 10, USC, 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes policy and procedural guidance relating to transition management and explains separation document preparation, to include preparation of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). a. The instructions for the completion of item 1 (Name (Last, First, Middle) states, enter last name, first name and full middle name or names, if any. b. item 23a states enter primary MOS code number and title. //NOTHING FOLLOWS//