IN THE CASE OF: BOARD DATE: 23 May 2012 DOCKET NUMBER: AR20110023591 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 his DA Form 20 (Enlisted Qualification Record) to show the military occupational specialty (MOS) of 72B, Communications Center Specialist, for his period of service in Vietnam from 1970 to 1971. 2. The applicant states: * Item 38 (Record of Assignments) of his DA Form 20 lists his MOS as 71H, Personnel Management Advisor, during his period of service in Vietnam in 1970-1971; that is an error as he never was a personnel administrative advisor, he was radio communications during that time * he was in almost every single village and hamlet in the IV Corps in Vietnam; he was often dropped off alone in a village by Air America or chopper to meet with village and hamlet chiefs to set-up communications and report enemy activity as part of the Phoenix Program 3. The applicant provides: * citation and certificate for the Bronze Star Medal * DD Form 214 (Report of Separation from Active Duty) * articles titled, "The Village Radio" and "CIA and Operation Phoenix in Vietnam" 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 military records show he enlisted in the Regular Army (RA) on 22 August 1962. He completed basic combat and advanced individual training and he was awarded MOS 723.10 (Communication Center Specialist) on or about December 1962. 4. He was honorably discharged for the purpose of immediate reenlistment on 12 December 1963. His DD Form 214 for this period of service shows his primary specialty as 186.10 (Air Defense Systems Crewman). 5. He reenlisted in the RA for 6 years on 13 December 1963. 6. His DA Form 20 shows he served in Vietnam from on or about 13 January 1966 to on or about 21 June 1967. Item 38 (Record of Assignment) of his DA Form 20 shows he performed duties of communications center specialist in MOS 72B. 7. He was honorably discharged on 14 June 1967. Item 25a (Specialty Number) of his DD Form 214 for this period of service shows his MOS as 72B. 8. He reenlisted in the RA for 6 years on 15 June 1967 and he was reassigned to Fort Riley, KS. 9. Special Orders Number 196, issued by Headquarters, Fort Riley, KS, on 27 September 1967 shows he was awarded the following MOSs: * primary - 36C, MOS 36C, Lineman * secondary - 72B * additional - 71H, Personnel Management Advisor 10. He was honorably discharged on 4 August 1970. Item 23a (Specialty Number) of his DD Form 214 for this period of service shows his MOS as 36C. 11. He reenlisted in the RA for 4 years on 5 August 1970. His DA Form 20 shows he served again in Vietnam from on or about 20 September 1970 to on or about 26 July 1971. Item 38 of this form shows he performed duties of personnel management advisor in MOS 71H. 12. He was awarded the Bronze Star Medal for meritorious service from September 1970 to August 1971. His citation for this award reads "during the period September 1970 to August 1971 he was directed to establish radio communications between the Region Public Safety Headquarters and the sixteen Province Office." 13. Special Orders Number 176, issued by the Academy of Health Science, U.S. Army, Fort Sam Houston, TX, on 21 September 1973, show he was awarded primary MOS 91G. 14. His records show he served continuously on active duty through several reenlistments until he was honorably discharged on 2 August 1974. His DD Form 214 shows his primary MOS as 91G, Social Worker-Psychiatric Specialist and his secondary MOS as 36C. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows he was awarded and served in Vietnam in MOS 72B from 1 February 1966 through on or about 27 July 1967. He again served in Vietnam in 71H from 20 September 1970 to on or about 26 July 1971. 2. There is no evidence of record and he provides none to show he served in MOS 72B during his period of service in Vietnam from September 1970 to July 1971. His citation for the Bronze Star Medal lists the primary duties of several advisory positions and appears to indicate he performed those duties. 3. Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that he is entitled to a correction of his DA Form 20. 4. It is noted that the DA Form 20 are no longer posted and maintained after a Soldier has been released or separated from active duty, whether at the expiration of his term of service, retirement, or discharge. These documents were not intended to be continued in force and maintained (continually posted) after a Soldier's separation from active duty. To add or change any entries at this time would serve no useful purpose. 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) AR20110023591 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110023591 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1