ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 June 2019 DOCKET NUMBER: AR20170017521 APPLICANT REQUESTS: to change his military occupational specialty (MOS) 94B20 (Cook) to 13B (Field Artillery) 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 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 he would like to change his DD Form 214 from a 94B20 to 13B. He was a cook before he went in to the Army and only for a short time while in the Army. He was in artillery for all of his service except for about three to four months of his time in the Army. He did not find this error until he wanted to file a claim, and he needed to prove his time in Artillery to verify that he carried ammunition to the guns when it was delivered by helicopter. 3. The applicant provides two Letters of Commendation from former commanders commending him of his outstanding performance as an advanced individual trainee in MOS 13A10 during the period 1 November 1969 to 9 January 1970. 4. A review of the applicant’s service records shows: a. He enlisted into the Regular Army on 27 August 1969. b. He completed training at Fort Sill, OK, and was awarded MOS 13A (Field Artillery Basic) on 6 January 1970. c. He served in Vietnam from on or about 23 January 1970 to on or about 1 April 1971 as follows: a. * from 4 February 1970 to 30 August 1970, as a Cannoneer in MOS 13A * from 31 August 1970 to 1 April 19771, as a Cook in MOS 94B d. Item 22 (MOS) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 94B on 5 July 1970. c. He was honorably released from active duty on 3 April 1971. The DD Form 214 issued at that time shows in item 23a (Specialty Number and Title), the entry 94B2O Cook. 5. By regulation (AR 635-5), block 23a (Specialty Number and Title) of the DD Form 214 in effect at the time of the applicant's separation reflected the MOS held by the primary MOS held at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. His record shows he attended 13A training and deployed to Vietnam. He reclassified to PMOS 94B during his deployment; however, his record is void of MOS training information. His record shows he remained a 94B until separation. The applicant authenticated his DD Form 214 at separation acknowledging the information was correct. Based upon the preponderance of evidence, the Board denied relief as there is insufficient evidence to show he served in PMOS 13B at the time of his separation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 6/13/2019 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-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, governed the preparation of 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. The DD Form 214 is not intended to have any legal effect on termination of a soldier’s service. It states for item 11 (Primary Specialty), (for enlisted Soldiers), from the Enlisted Record Brief, enter the titles of all MOS for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS//