BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160015147 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION x 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160015147 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. _______________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. BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160015147 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 show his military occupational specialty (MOS) as 13F4O (Fire Support Specialist). 2. The applicant states his DD Form 214 shows his MOS as 13E4O (Artillery Intelligence/Operator) (properly known as Cannon Fire Direction Specialist) due to a clerical error, which can simply be corrected by changing the "E" to "F." He proudly served in Vietnam as a forward observer in an infantry company and participated in many firefights and battles. To list his MOS as an artilleryman in his permanent record takes the hardships he suffered away from his legacy. 3. The applicant provides: * personal letter from another Soldier, dated 29 January 1967 * five photographs (two enlargements) 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 in the Regular Army on 28 December 1964. 3. His records contain Headquarters, 1st Missile Battalion (Nike Hercules), 56th Artillery Brigade, Special Orders Number 165, dated 26 October 1965, awarding him primary MOS 16C1O (Hercules Fire Control Crew Member). 4. Battery A, 1st Missile Battalion (Nike Hercules), 56th Artillery Brigade, Unit Orders Number 39, dated 20 May 1966, promoted him to specialist four/E-4 in MOS 16C2O. 5. Headquarters, 2d Battalion, 75th Artillery Regiment, memorandum, dated 15 August 1966, subject: Reassignment of Personnel, shows his battalion commander requested reassignment instructions for him regarding his primary MOS. 6. Headquarters, 212th Artillery Group, Germany, 1st indorsement, dated 20 August 1966, subject: Reassignment of Personnel, returned the request without action and further instructed the commander to resubmit the request upon the Soldier's arrival to the unit if he could not be assigned in the unit. 7. Headquarters, 2d Battalion, 75th Artillery Regiment, Germany, 2nd indorsement, dated 3 September 1966, subject: Reassignment of Personnel, states the applicant reported for duty on 2 September 1966. 8. Headquarters, 212th Artillery Group, Germany, 3rd indorsement, dated 6 September 1966, subject: (none), states the applicant cannot be utilized within the command and requested reassignment instructions for him. 9. Headquarters, 7th Army, Germany, 4th indorsement, dated 15 September 1966, subject: Assignment of Personnel, directed the unit commander to retain and utilize the applicant due to a command-wide overage in MOS code 16C. 10. Headquarters, 212th Artillery Group, Germany, 5th indorsement, subject: Reassignment of Personnel, transmitted the 7th Army directive to the applicant's battalion commander. 11. U.S. Army Europe Form 61 (Academic Report), dated 17 October 1966, shows he completed the 8-inch Projectile Forward Assembly Course, WA 10-E-7-67. 12. Headquarters, 2d Battalion, 75th Artillery, Germany, Special Orders Number 235, dated 20 November 1966, awarded him primary MOS 13A1N (Field Artillery Basic – Joint Planner) and secondary MOS 16C1O, and withdrew primary MOS 16C1O. 13. Headquarters, 25th Infantry Division, Vietnam, Special Orders Number 280, dated 7 October 1967, promoted him to the temporary rank/grade of sergeant/ E-5 in MOS 13E4O. 14. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his duty MOS and principal duty assignments as: * 13C1O, Assistant Fire Control Operator, effective 19 March 1965 * 13A1N, Assembler, effective 2 September 1966 * 13A1O, Cannoneer, effective 28 March 1967 * 13E4O, Reconnaissance Sergeant, effective 16 August 1967 15. Item 23a (Specialty Number and Title) of his DD Form 214 shows the entry: "13E4O, ARTY INTELL/OP [Field Artillery Intelligence/Operator]. REFERENCES: 1. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, prescribed the MOS classification structure of the U.S. Army. The MOS code consists of five basic characters and provides more specific occupational identity than the MOS. The MOS code is used to classify both personnel and positions in authorization documents. MOS 13E duty assignments included: * Chart Operator * Chronograph Operator * Field Artillery Operator/Fire Director Assistant * Fire Direction Computer * Intelligence Specialist * Reconnaissance Sergeant 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The instructions for item 23a stated to enter the primary MOS code number and title. DISCUSSION: 1. The applicant contends his MOS was erroneously entered as 13E4O on his DD Form 214 and should be changed to 13F4O. 2. The evidence of record shows he completed advanced individual training and was awarded primary MOS 16C1O effective 26 October 1965. 3. He completed the 8-inch Projectile Forward Assembly Course on 14 October 1966 and was subsequently awarded primary MOS 13A1N effective 20 November 1966. 4. He was promoted to the temporary rank/grade of sergeant/E-5 in MOS 13E4O effective 7 October 1967. 5. He was released from active duty on 17 December 1967. His DD Form 214 shows his MOS as 13E4O. 6. There is no evidence showing he was awarded or served in MOS 13F4O. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015147 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015147 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2