IN THE CASE OF: BOARD DATE: 24 June 2021 DOCKET NUMBER: AR20210006334 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 August 1969 to add military occupational specialty (MOS) 11B (Light Weapons Infantryman). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Headquarters, 82d Airborne Division, Special Orders Number 76, 2 April 1968 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 his first MOS was not included on his DD Form 214. After he was wounded in action in Vietnam, he was reassigned as a battalion radio telephone operator. When he went to his next assignment, he was assigned MOS 31G (Tactical Communications Chief), a position for which he was never trained to perform. 3. The following orders reflect his MOS as 11B: * Headquarters, U.S. Army School/Training Center, Special Orders Number 279, 1 November 1966 * Headquarters, The Student Brigade, U.S. Army Infantry School, Special Orders Number 17, 20 January 1967 * Headquarters, 173rd Airborne Brigade (Separate), Special Orders Number 54, 23 February 1967 * Headquarters, 173rd Airborne Brigade (Separate), Special Orders Number 143, 23 May 1967 * Headquarters, 173rd Airborne Brigade (Separate), Special Orders Number 28, 28 January 1968 * Headquarters, 82nd Airborne Division, Special Orders Number 76, 2 April 1968 * Headquarters, 82nd Airborne Division, Special Orders Number 163, 12 July 1968 4. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows his primary MOS 11B2P (Light Weapons Infantryman – Parachutist) effective 10 December 1966 lined through and his primary MOS 31G4P (Tactical Communications Chief – Parachutist) effective 12 August 1968. 5. Headquarters, Personnel Center U.S. Army Garrison Troop Command, Special Orders Number 157, 14 August 1969, show his MOS as 31G4P. There are no documents in the applicant's service records that reference a change in MOS. 6. On 15 August 1969, he was honorably released from active duty. Item 23a of his DD Form 214 shows his MOS as 31G4P. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. There is a lack of evidence to support the applicant had a secondary or alternate MOS awarded. His official military personnel record does not contain permanent orders awarding him a new or secondary MOS. The Army has an interest in maintaining the integrity of its records for historical purposes. The applicant is advised the DD Form 214 shows circumstances as they were on the date prepared. The Board concluded there was insufficient evidence of an error or injustice which would warrant a change in the applicant’s military occupational specialty. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX XXX XX 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, 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separation Documents), 23 January 1967, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. The specific instructions for item 23a stated to enter the primary MOS code number and title. There was no provision for entering prior or additional MOSs. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006334 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1