IN THE CASE OF:  

		BOARD DATE:  20 November 2018

		DOCKET NUMBER:  AR20170004884 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:x	:x	:x	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:  

		BOARD DATE:  20 November 2018

		DOCKET NUMBER:  AR20170004884 


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending on 9 April 1970, to show in Item 23a (Specialty Number and Title) the entry 11B (Light Weapons Infantryman) instead of 94B (Cook).

2.  The applicant states he was never a cook.  He enlisted in the Army on 3 September 1968.  He completed 8 weeks of basic training at Fort Gordon, GA.  He completed the 11B (Light Weapons Infantry) Infantry School at Fort Jackson, SC.  This was followed by immediate shipment to Vietnam.  He was assigned to the 11th Armored Calvary Regiment as an infantryman and he served in defense of the Nation.  On 20 March 1969, he was wounded in action and he spent approximately 40 days in the 37th Medivac Hospital and Cam Rahn Bay Hospital.  He was awarded the Purple Heart by Colonel George Patton.  He does not understand why his DD Form 214 reflects the military occupational specialty (MOS) 94B instead of 11B.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records with supporting documents:  

* DD Form 214 for the period ending on 9 April 1970
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 1 October 1987

2.  Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems:

* April 1970 and October 1987 DD Forms 214
* DA Form 2-1 (Personnel Qualification Record – Part II)


REFERENCES:

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.  

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established the standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation stated item 23a would list the primary specialty number held at the time of separation.

DISCUSSION:

1.  While 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 (RA) on 3 September 1968. 

3.  His records failed to reveal a DA Form 20 (Enlisted Qualification Record) documenting his period of active duty from September 1968 to April 1970.

4.  He was honorably released from active duty on 9 April 1970.  His DD Form 214 shows he completed 1 year, 7 months, and 7 days of active service.  His DD Form 214 also shows in:

* Item 12 (Last Duty Assignment and Major Command) – Headquarters, 11th Armored Cavalry Regiment
* Item 22c (Foreign And/Or Sea Service) – 1 years, 2 months, and 5 days and the entry USARPAC (U.S. Army Pacific)
* Item 23a (Specialty Number and Title) – 94B2O (Cook)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –:
* 
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal
* Purple Heart
* Army Commendation Medal
* Combat Infantryman Badge

* Item 30 (Remarks) – Republic of Vietnam – 3 February 1969 to 8 April 1970

5.  Item 17 (Civilian Education and Military School) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he completed 8 weeks of the AIT 11B at Fort Jackson, SC, 1968.

6.  He reenlisted in the RA on 7 October 1976 and he held MOS's 75Z (Personnel Sergeant), 71L (Administrative Specialist), and 00E (Recruiter).  He was honorably retired on 1 October 1987, for permanent disability.

7.  The evidence confirms he completed AIT 11B, he was awarded the Combat Infantryman Badge, and he held this MOS during his period of service from September 1968 to April 1970.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20170004884



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2