ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 September 2019 DOCKET NUMBER: AR20180002810 APPLICANT REQUESTS: the military occupational specialty (MOS) 94B20 (Cook) be removed from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and corrected to reflect his 76W20 (Petroleum Supply Specialist) MOS. 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 that he was school trained in MOS 76W at Fort Lee, VA, from May 1969 to July 1969, but was not school trained as a cook and does not know why he was given the MOS. He further states, he was assigned to a mess hall as a ration driver during his service in Vietnam, and was given MOS 94B upon returning from Vietnam and wants it eliminated. Since returning, he had a number of issues but did not know how to contact the proper personnel and could not get things going. He wants the 76W MOS placed on the DD Form 214. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 20 March 1969. b. DA Form 20 (Enlisted Qualification Record) shows: * Block 22 (MOS) * Primary MOS – 76W20 petroleum storage specialist (PSS) (18 July 1969) * Primary MOS – 94B20 cook (5 October 1970) * Block 27 (Military Education) petroleum storage specialist 76W20 * Block 38 (Record of Assignments) * MOS 76W20 * 23 May 1969 – Petroleum Storage Specialist (PSS), Advance Individual Training (AIT), Fort Lee, VA. * 8 August 1969 – PSS, 115th Petroleum Company, Fort Carson, CO. * 19 January 1970 – PSS, 14th Quartermaster Platoon, U.S. Army Pacific (USARPAC) Vietnam. * 15 March 1970 – PSS, 14th Quartermaster Platoon, USARPAC Vietnam. * 22 April 1970 – Truck Driver, Headquarters, Headquarters Troop, 11th Armored Cavalry Regiment, USARPAC Vietnam. * 6 March 1971 – 76W20 – Headquarters, Headquarters Company (HHC), 4th Battalion, 21st Infantry Regiment, 11th Brigade, Vietnam. * MOS 94B20 * 29 March 1971 – Officer Mess, 451st Transportation Company, Fort Eustis, VA. * 17 April 1972 – Cook, 575th Military Intelligence (MI) Detachment, USARPAC Vietnam. * 13 October 1972 – Cook, HHC, 525th MI Group, USARPAC Vietnam. * 22 January 1973 – Cook, U.S. Army Armor Center, Fort Knox, KY c. Special Orders Number 74, dated 15 March 1970, published by U.S. Army Support Command, Saigon, APO San Francisco 96491, shows he was: * honorably discharged on 14 March 1970 for immediate reenlistment * assigned to the 11th Armored Cavalry Regiment (ACR) in his primary MOS 76W20 for further assignment as commander may direct d. DD Form 4 (Enlistment Contract – Armed Forces of the United States) dated 15 March 1970, for an immediate reenlistment, shows in: * Block 6 (Date of Enlistment) – 15 March 1970 * Block 17 (PMOS/AFS Code/MOD) – 76W20 * Block 48 (Untitled) – reenlisted for the 11th ACR * Block 49 (Prior Service) – honorably discharged – 14 March 1970 – PFC e. Special Orders Number 159, dated 8 June 1971, published by Headquarters, 23rd Infantry Division (Americal), Vietnam, shows he was appointed/promoted from specialist (SP4)/E-4) to SP5/E-5 in MOS 94B20. The effective date was 6 June 1971, while assigned to HHC, 4th Battalion, 21st Infantry. f. DA Form 2166-4 (Enlisted Efficiency Report), dated 25 January 1972, shows in: * Part 1, Block C (PMOS) primary MOS was 94B20 * Part 1, Block E (DMOS) duty MOS was 94B20 * Part II, Section E (Comments of Rater) “this individual was promoted in a cook’s MOS when he has had no training in a 94B”, “he tries hard”, “ I believe in time he will eventually make a cook” g. Special Orders Number 253, dated 9 November 1972, published by the 527th Personnel Service Company, Vietnam, shows he held the rank of SP5/E-5, and MOS 94B20 when he was reassigned on permanent change of station order for separation processing. h. DA Form 2166-4 (Enlisted Efficiency Report), dated 5 April 1973, shows in: * Part 1, Block B (Duty Position Title) Cook * Part 1, Block C (PMOS) was 94B20 * Part 1, Block D (SMOS) secondary MOS was none * Part 1, Block E (DMOS) was 94B20 * Part 1, Block F (Date of Rank) was 6 June 1971 * Part 1, Block G (Pay Grade) 5/E-5 * Part II, Section D (Recommendations for Career Development), in item 1, Continue in current DMOS at present organizational level; and in item 4, Advanced MOS-oriented schooling - YES * Part III, (Reviewer), Section A, this report was prepared by correct rater. The applicant acknowledged he concurred with the rater, and endorsed the form with the date and his signature, further acknowledging he received a copy i. Special Orders Number 73, dated 13 April 1973, published by Headquarters, U.S. Army Armor Center and Fort Knox, KY 40121, shows he: * was relieved from active duty not by reason of physical disability and was transferred to the United States Army Reserve (USAR) on 24 April 1973 * held the rank of SP5 in MOS 94B20 * was assigned to the USAR Component Personnel and Administration Center (Reinforcement) St. Louis, MO 63132, effective 25 April 1973 j. DD Form 214, for the period ending 24 April 1973, shows he was released to the USAR on 24 April 1973. Block 23a (Specialty Number and Code) shows: 94B20, Cook, 5 October 1970. 4. By Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. Item 23a was to show the Soldier's primary MOS and title. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Although he may have been formally trained as a 76W, as required by the governing regulation, he held a food service specialist (cook) MOS 94B at the time of separation. He was awarded MOS 94B on 5 October 1970. As a result, the Board concluded there was no error or injustice which would warrant making a change to the applicant’s MOS on the DD Form 214. 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. 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 (AR) 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. The separation document provides the individual with documentary evidence of military service. It established standardized policy for the preparation of the DD Form 214, which is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. All numbered items will be completed in accordance with the instructions contained within this regulation, and instructs, for Item 23a, to enter the primary MOS code number, title, and date of award. ABCMR Record of Proceedings (cont) AR20180002810 4 1