IN THE CASE OF: BOARD DATE: 3 May 2023 DOCKET NUMBER: AR20220009525 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his Military Occupational Specialty (MOS) as 11C (Gunner) in lieu of 71B (Clerk Typist). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * self-authored statement * partial DA Form 20 (Enlisted Qualification Record) * DD Form 214 * photos 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: a. He is requesting correction tohis DD Form 214 to reflect his 11C MOS and MOS training beginning October 1969. Enclosed are his military records from the 1st Battalion, 1st Infantry Division, also known as the Big Red One. Attached is a copy of the “Black Scarf Division Dracula #6” where he spent the majority of his 14-month tour in Vietnam. They supported the troops with their weapons from mountain tops, the Razorbacks, and major base camps throughout Vietnam. He also had to go on many very dangerous tracking missions as the point in the bush, rice patties, and rubber plantations. b. When the Big Red One left Vietnam, he was then transferred to the Americal Division, where he completed his first tour plus 2 months into his second tour before returning home to the U.S. He wishes his military records would reflect his time as a combat Soldier in the Army, specifically as a Gunner in Vietnam. 3. The applicant was inducted into the Army of the United States on 5 May 1969. 4. Headquarters, U.S. Army Training Center, Infantry and Fort Polk Special Orders Number 214, dated 4 September 1969, awarded the applicant the primary (P) MOS 11C (Infantry Indirect Fire Crewman) effective the date of the orders. 5. Headquarters, U.S. Army Training Center, Infantry and Fort Polk Special Orders Number 214, dated 4 September 1969, further reassigned the applicant from his assigned Advanced Individual Training (AIT) Brigade to U.S. Army Overseas Replacement Station, Oakland Army Terminal for overseas assignment in Vietnam in MOS 11C, effective 2 October 1969. 6. The applicant’s DA Form 20 shows the following: a. Item 22 (MOSs) shows: * he was awarded the MOS 11C on 5 September 1969 * he was awarded the MOS 71B on 29 March 1970 b. Item 31 (Foreign Service) shows he served in Vietnam from 5 October 1969 through 6 December 1970; he extended his Vietnam service on 4 October 1970 by 150 days for an “early out.” c. Item 38 (Record of Assignments) shows: * he completed AIT at Fort Polk, LA, from 7 JUL 1969 through 11 September 1969 in MOS 11C * he was assigned to the 1st Battalion, 2nd Infantry Brigade, 1st Infantry Division in Vietnam from 14 October 1969 through 25 March 1970, in the duty MOS 11C * he was assigned to the 23rd Administration Company, Americal Division in Vietnam from 26 March 1970 through 11 November 1970, in the duty MOS 71B d. Item 41 (Awards and Decorations) shows among his awards, medals, decorations, and badges awarded or authorized is the Combat Infantryman Badge (CIB). 7. Headquarters, 1st Infantry Division Special Orders Number 77, dated 18 March 1970, promoted the applicant to the rank of Specialist Four in the MOS 11C, effective 4 March 1970. 8. Headquarters Americal Division Special Orders Number 109, dated 19 April 1970, shows the following MOS actions were directed effective 29 March 1970: * PMOS 11C was withdrawn * PMOS 71B and secondary (S) MOS 11C were awarded 9. Headquarters, Americal Division Special Orders Number 309, dated 5 November 1970, reassigned the applicant from the 23rd Administration Company to U.S. Army Republic of Vietnam Returnee Detachment for separation processing effective 7 November 1970. The orders reflect his MOS as 71B. 10. Headquarters, U.S. Army Personnel Center Special Orders Number 316, dated 12 November 1970, released the applicant from active duty and transferred him to the U.S. Army Reserve (USAR) effective 12 November 1970, in MOS 71B. 11. The applicant’s DD Form 214 shows the following: * he was honorably released from active duty as an Overseas Returnee on 12 November 1970 and transferred to the USAR Control Group (Annual Training) * he completed 1 year, 6 months, and 8 days of net active service, including 1 year, 1 month, and 7 days of foreign service in Vietnam * item 23a (Specialty Number and Title) shows 71B Clerk Typist * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) includes the CIB * item 25 (Education and Training Completed) shows Infantry Indirect Fire Crewman, 9 weeks 12. USAR Components Personnel and Administration Center Letter Orders Number 04- 1129225, dated 22 April 1975, honorably discharged the applicant from the USAR Control Group (Standby) effective 1 May 1975. His MOS is shown on the orders as 71B. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the applicant was awarded the primary military occupational specialty (PMOS) under special order #109 for 71B (Clerk Typist). The Board agreed the applicant’s secondary MOS was 11C. Furthermore, evidence in the record show everyone was reclassified based on paragraph 2-30, it showed beside the applicant’s name physical profile. The Board determined based on the evidence; the applicant separated from military service with the MOS of 71C and correction to his MOS is not warranted. Therefore, the Board denied relief. 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, 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 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 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, to include the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). a. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. The general instructions state all available records will be used as a basis for preparation of the DD Form 214. b. The specific instructions for preparation of the DD Form 214 include the following: (1) Items 23a (Specialty Number and Title) and b Related Civilian Occupation and D.O.T. Number) state to enter the primary Military Occupational Specialty (MOS) code number ant title. If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and code number from the dictionary of occupational titles (D.O.T.). If not applicable, enter “NA.” The version of the DD Form 214 in effect at the time did not account for or have separate item numbers to accommodate multiple MOSs, to include primary MOS (PMOS) and/or secondary MOS (SMOS). (2) Item 30 (Remarks) states the remarks section will be used to complete entries too long for their respective blocks. When used for cross-reference, the item number must precede the continued information. c. The version of this regulation in effect subsequent to this one, dated 15 October 1973, provides directions for the preparation of the then new format DD Form 214 (Report of Separation from Active Duty). The specific instructions for item 16a (Primary specialty number and title) state to enter the MOS code, title, and date of award. In item 17a (Secondary specialty number and title) it states to enter the MOS code, title and date of award of SMOS. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. There are three basic requirements for award of the Combat Infantryman Badge. The Soldier must be an Infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009525 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1