ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF: BOARD DATE: 6 July 2021 DOCKET NUMBER: AR20210009556 


APPLICANT REQUESTS: correction of his DD Forms 214 (Report of Separation from Active Duty) for the periods ending 12 May 1971 and 3 May 1977 to show: 

a.his military occupational specialty (MOS) as 11B (Infantryman), and

b.award of the Air Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

.DD Form 214 for the period ending 12 May 1971

.DD Form 214 for the period ending 3 May 1977

.State Department of Corrections Inmate Identification, 5 August 2020

.Department of Veterans Affairs Form 21-22 (Appointment of Veterans ServiceOrganization as Claimant's Representative), 20 August 2020



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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he went to basic and advanced individual training for MOS 11Bat Fort Ord, CA. He never held MOS 64B (Vehicle Driver). He learned other tasksthrough on-the-job training, but would like his infantry MOS listed on his DD Form 214.He would like his DD Form 214 to have accurate information regarding his combat joband properly awarded medal.

3.His DD Form 4 (Enlistment Contract – Armed Forces of the United States),6 October 1969, shows in:

.item 6 (Date of Enlistment/Induction) – 6 October 1969


.item 17 (Primary MOS (PMOS)) – 11B1O

.item 49 (Prior Service) – 14 October 1968 through 5 October 1969



4.Headquarters, 1st Infantry Division, General Orders Number 16677, 4 December1969, awarded him the Air Medal for meritorious achievement while participating inaerial flight in the Republic of Vietnam for the period 17 May 1969 to 8 July 1969.

5.He was honorably discharged on 12 May 1971 for the purpose of immediatereenlistment. He completed 1 year, 7 months, and 7 days of net active service duringthis period. Item 23a (Specialty Number and Title) of his DD Form 214 for this periodshows his MOS as 64B2O (Vehicle Driver).

6.Headquarters, 3d Infantry Division, Special Orders Number 124, 13 May 1971,discharged him effective 12 May 1971 for the purpose of immediate reenlistment. HisMOS is shown as 64B2O.

7.He reenlisted on 13 May 1971. His DD Form 4 shows his MOS as 64B2O.

8.His DA Form 2166-4 (Enlisted Efficiency Report), 17 September 1971, shows inPart I (Personal Data):

.block B (Duty Position Title) – Subsistence Supply Specialist

.block C (PMOS Code) – 64B2O

.block D (Secondary MOS Code) – 11B2O

.block E (Duty MOS Code) – 76X2O



9.His DA Form 2166-4, 14 March 1972, shows in Part I:

.block B (Duty Position Title) – Heavy Vehicle Driver

.block C (PMOS Code) – 64B2O

.block D (Secondary MOS Code) – 11B2O

.block E (Duty MOS Code) – 76X2O



10.U.S. Army Enlisted Records and Evaluation Center Form 10 (Enlisted EvaluationData Report) for evaluation period November 1975 shows he was evaluated inMOS 64C2O.

11.Headquarters, U.S. Army Training Center and Fort Dix, Orders Number 123-185,3 May 1977, discharged him effective 3 May 1977. His MOS is shown as 64C2O.

12.His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:



.item 6 (Military Occupational Specialties) –



.Secondary MOS code 76W2O – Petroleum Storage Specialist – 5 December1973

.Alternate MOS code 11B2O – Light Weapons Infantryman – 5 December1973

.Primary MOS Code 64C2O – Motor Transport Operator – 10 December 1969



.item 35 (Record of Assignments) –



.14 May 1974 – duty MOS Code 76W2O – Petrol Storage Specialist –40th Supply and Service Company, Fort Carson, CO

.20 September 1975 – duty MOS Code 76W4O – A Section Chief –40th Supply and Service Company, Fort Carson, CO

.12 January 1976 – duty MOS Code 64C2O – Senior Heavy Vehicle Driver –109th Transportation Company, Germany

.1 December 1976 – duty MOS Code 64C2O – Senior Heavy Vehicle Driver –109th Transportation Company, Germany



13.On 3 May 1977, he was honorably discharged. He completed 5 years, 11 months,and 21 days of net active service during this period. His DD Form 214 for this periodshows in:

.item 16a (Primary Specialty Number and Title) – 64C2O Motor Transport –10 December 1969

.item 17a (Secondary Specialty Number and Title) – 76W2O Petroleum StorageSpecialist



BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was not warranted.  The applicant’scontentions, the military record, and regulatory guidance were carefully considered.The applicant’s record is void information that shows his primary MOS was 11B duringthe contested period.  The Board agreed there is insufficient evidence to grant relief.

2.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : GRANT FULL RELIEF 

:XX :XX GRANT PARTIAL RELIEF 

: : GRANT FORMAL HEARING 

: :XX : : : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

Except for the correction addressed in Administrative Note(s) below, the Board found 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.  


ADMINISTRATIVE NOTE(S): The applicant is authorized correction of his DD Forms 214 for the periods ending 12 May 1971 and 3 May 1977 to show award of the Air Medal without Board action. 
REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents), effective 1 February 1967,prescribed the separation documents that must be prepared for Soldiers uponretirement, 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.

a.The general instructions stated all available records would be used as a basis forthe preparation of DD Form 214, including the DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. 

b.The specific instructions for item 23a (Specialty Number and Title) stated to enterthe primary MOS code number and title. 

3.Army Regulation 635-5 (Separation Documents), effective 15 October 1973,prescribed the separation documents that must be prepared for Soldiers uponretirement, 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.

a.The general instructions stated all available records would be used as a basis forpreparation of DD Form 214, including the DA Form 20 and orders. 

b.The specific instructions for:

.item 16a (Primary Specialty Number and Title) stated to enter the MOS code,title, and date of award

.item 17a (Secondary Specialty Number and Title) stated to enter the MOScode, title, and date of award



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