BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160006415 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 BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160006415 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING ::x :x :x DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160006415 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect military occupational specialty (MOS) 11B (Infantryman) in lieu of 11C (Infantry Fire Crewman). 2. The applicant states his MOS was incorrectly annotated on his DD Form 214. 3. The applicant provides: * Headquarters, U.S. Army School/Training Center, Special Orders Number 159, dated 11 July 1969 * Headquarters, 1st Infantry Division, Special Orders Number 244, dated 1 September 1969 * 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 17 March 1969. 3. Headquarters, U.S. Army School/Training Center, Special Orders Number 159, dated 11 July 1969, released 15 Soldiers from assignment to Company D, 2d Battalion, Advanced Individual Training Brigade, to report to the U.S. Army Overseas Replacement Station, Fort Lewis, WA, effective 21 August 1969. The special instructions stated the individuals were graduates of the special 10-week infantry advanced individual training and further specified the individuals identified with an asterisk were awarded primary MOS 11C. The applicant's name is identified with an asterisk. 4. Headquarters, 1st Infantry Division, Special Orders Number 244, dated 1 September 1969, further assigned the applicant to the Heavy Mortar Platoon, 2d Battalion, 16th Infantry Regiment, with duty with the 1st Battalion, 7th Artillery Regiment, U.S. Army Vietnam. His primary MOS is shown as 11C and his duty MOS is shown as 11C. 5. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows his MOS as 11C (Infantry Indirect Fire Crewman) effective 26 July 1969. 6. Item 27 (Military Education) of his DA Form 20 shows he successfully completed the 9-week Infantry Indirect Fire Crewman Course at Fort McClellan, GA, in 1969. 7. His DD Form 214 shows he was honorably released from active duty on 8 December 1970. He completed 1 year, 8 months, and 22 days of net service during this period. Item 23a (Specialty Number and Title) shows his MOS as 11C2O (Infantry Fire Crewman). Item 25 (Education and Training Completed) shows he completed the 9-week Infantry Indirect Fire Crewman Course in 1969. REFERENCES: 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 primary MOS code number and title in item 23a. b. Enter service schools, including major courses which were successfully completed and military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 in item 25. DISCUSSION: 1. All of the applicant's available military records, to include MOS orders, assignment orders, DA Form 20, and DD Form 214 show he successfully completed the 11C Infantry Indirect Fire Crewman Course and was awarded primary MOS 11C. 2. There is no indication he was ever awarded primary MOS 11B. 3. His DD Form 214 appropriately reflects his MOS as 11C. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006415 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006415 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2