IN THE CASE OF: BOARD DATE: 12 May 2022 DOCKET NUMBER: AR20220000220 APPLICANT REQUESTS: correction of his DD form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as Tank Gunner instead of Cook. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 17 August 2021 * Self-authored Statement, 12 Dec 2018 * DD Form 214, 10 December 1965 * Veteran's Administration (VA) Form 21-4138 (Statement in Support of Claim), undated * Hand-written note, undated FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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, in effect: a. He completed basic combat training (BCT) and tank training on the M-60 at Fort Knox with another Soldier. They were shipped together to Camp Kiser, Korea, and were there for 13 months. He was always on a tank and never served as a cook. b. He was in a combat situation at the demilitarized zone (DMZ). He has post- traumatic stress disorder (PTSD), bad nerves, and he is service connected for 90% deafness in his left ear and 60% deafness in his right ear. c. His paperwork was destroyed in a fire at St. Louis, MO. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show: * National Defense Service Medal * Army Good Conduct Medal (First Award) (for the period 11 December 1963 to 10 December 1965) * Korea Defense Service Medal 4. The applicant's service records show in conjunction with his induction, he completed an application for voluntary induction on 10 December 1963, to be voluntarily inducted into the Army of the United States at age 22. 5. He completed BCT at Fort Knox, he completed advanced individual training on 24 April 1964 at Fort Knox, and he was awarded MOS 131.10 (Tank Gunner). 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 32 (Classification in Military Occupational Specialties): * (Primary (P)) Armor Crewman, 131.10, 24 April 1964 * (P) Cook, 94B, 20 July 1965 b. Item 33 (Record of Assignments) shows his: * MOS as 131.10 from 4 May 1964 to 26 May 1965 * MOS 94B (Cook) from 27 May 1965 to 10 December 1965 * principle duty as cook from 4 May 1964 to 10 December 1965 7. His DA Form 24 (Service Record) shows: a. Section 5 (Service Outside Continental United States) – He served in Korea from 2 May 1964 to 11 May 1965. b. Section 9 (Medals, Decorations, and Citations): * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 8. On 10 December 1965, he was awarded the AGCM (First Award) for the period 11 December 1963 to 10 December 1965. 9. On 10 December 1965, he was honorably released from active duty. His DD Form 214 shows in: a. item 25a, 94B20, Cook. b. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), Expert Marksmanship Qualification Badge with Rifle Bar (M-14). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found that, although the applicant's records indicate he was assigned to principal duty as a cook beginning in May 1964, there is no evidence he was trained in that MOS, and he remained assigned to a cavalry squadron throughout his tour of duty in Korea. The Board accepted the applicant's statement as sufficient to support a conclusion that his service was predominantly in an armor MOS. The Board determined the applicant's DD Form 214 should be corrected to show he held MOS 131.10. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: * replace the entry in item 25a of his DD Form 214 with "131.10, Armor Crewman" * replace the entry in item 25b with "NA" * make the corrections described in Administrative Note(s) below 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): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: * National Defense Service Medal * Army Good Conduct Medal (First Award) (for the period 11 December 1963 to 10 December 1965) * Korea Defense Service Medal REFERENCES: 1. Title 10, United States 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 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 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), in effect at the time, prescribed the separation documents that would be furnished each individual who is separated from the Army. It established standardized procedures for the preparation and distribution of these documents. All available records would be used as a basis for the preparation of the DD Form 214, including DA Form 20, and orders. a. In item 25a and b, enter primary MOS code number, and 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 titled. If not applicable, enter "NA." b. It item 26 enter decorations, etc., awarded or authorized during period covered by the DD Form 214 from item 21, DA Form 24 (Service Record), omitting authorities cited therein. 4. Army Regulation 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal was established by Executive Order 10448, 22 April 1953. The National Defense Service Medal may be awarded for both active and reserve service for honorable active service for any period between (dates inclusive 1 January 1961 and 14 August 1974 (Vietnam). b. The KDSM was authorized by Section 543, National Defense Authorization Act, 2003. It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows: (1) The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas. (2) The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000220 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1