ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20180008565 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 November 1968 to show: * his military occupational specialty (MOS) from 51B20 (Carpenter) to 11B20 (Infantry) * change his pay grade to E-5 * Award of the Combat Infantryman Badge (CIB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Partial DA Form 20 (Enlisted Qualification Record) * Request Pertaining to Military Record * Clinical 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's request involves, in part, correction of his DD Form 214 to show he was awarded the CIB. The applicant's record contains no evidence that confirms he was previously awarded the CIB. Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. This request must be on a DA Form 4187 (Personnel Action) if a Soldier is currently on active duty or in an active status. If a Soldier is not on active duty or in an active status, the Soldier may request this award by letter. All requests should contain: * assignment, attachment, or operational control orders * a copy of your Record Brief or Personnel Qualification Record * a copy of the chain of command endorsement * a one-page narrative description of the qualifying incident * a copy of your DD Form 214; and * other supporting documentation (sworn statements, casualty report, incident report, medical documents etc.) 3. The applicant states someone in Korea changed his MOS when he was sent there from the hospital in Okinawa for light duty. He was not trained and never performed the duties of a Carpenter. He was promoted as per his records to E-5, while assigned to the 196th Light Infantry Brigade on 5 August 1967. 4. The applicant provides a partial copy of his DA Form 20, which reflects in item 22 (Military Occupational Specialties) his Primary MOS as 51B20 and his Secondary MOS as 64B20 (Heavy Vehicle Driver) both show a date of 28 March 1968. 5. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 1 February 1967. b. Special Orders Number 200, dated 25 July 1967, show his MOS as 11B10. d. Special Orders Number 8, dated 9 January 1968, show his PMOS as 11H10. e. Special Orders 16, dated 17 January 1968, show his MOS as 11H10; and his Duty Military Occupational Specialty (DMOS) as 51M20. f. Special Orders Number 57, dated 5 March 1968, shows he was awarded PMOS 64B20 and his PMOS 11H10 was withdrawn. g. Special Orders 87, dated 4 April 1968, shows his he was awarded PMOS 51B20 and SMOS 64B20, and his PMOS 64B20 was withdrawn. h. His DD Form 214 shows he was honorably discharged on 4 November 1968. Item 23a (Specialty Number & Title) shows his MOS as 51B20. He served 1 year, 9 months, and 4 days of net service during this period. 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 was initially awarded MOS 11B upon completion of initial entry training; however, he received published orders changing his MOS prior to his separation. His record is void promotion orders to the rank of SGT. Based upon the preponderance of the evidence, the Board agreed his DD Form 214 was completed in accordance with regulatory guidance by showing his primary MOS and rank at the time of 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. 5/14/2020 CHAIRPERSON Signed by: 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. It states for item 23a (Primary Specialty), (for enlisted Soldiers), enter Primary MOS code number and title. If the specialty represented by the MOS has related civilian occupation, enter in item 23b the appropriate job title and code number from the dictionary of occupational title. If not applicable, enter “NA.” 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//