IN THE CASE OF: BOARD DATE: 5 December 2022 DOCKET NUMBER: AR20220002840 APPLICANT REQUESTS: correction of his: * DD Form 214 (Report of Separation from Active Duty) for the period ending 2 March 1975 to add his temporary duty (TDY) in Vietnam in 1971 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 January 1984 to remove military occupational specialty (MOS) 71L (Administrative Specialist) as his secondary MOS * DD Form 214 for the period ending 19 January 1984 to add MOS 31D (Criminal Investigator) as his secondary MOS APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). 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. His DD Form 214 for the period ending 19 January 1984 lists his secondary MOS as 71L. He requests removal of MOS 71L since he never performed duties as a 71L. He does not know why secondary MOS 71L was added to his DD Form 214. b. He requests addition of secondary MOS 31D due to his assigned duties as a military police investigator (additional skill identifier (ASI) V5) and completion of the Criminal Investigation Course. A recent decision to correct his ASI shown on his DD Form 214 to V5 made him aware that a record of completion of the Criminal Investigation Course was on file which could justify secondary MOS 31D. c. He further requests addition of his TDY in Vietnam in 1971 to his DD Form 214 for the period ending 2 March 1975. The TDY was less than 6 months. He applied to the ABCMR for this correction in September 2019 and again in May 2021 but has not received any response. He has tried to have his military records corrected to reflect his TDY in Vietnam with the 101st Military Intelligence Battalion, 101st Airborne Division, from Korea since 1972, but he has not been unsuccessful. 3. On 2 March 1975, he was honorably discharged for immediate reenlistment. His DD Form 214 for this period reflects in: * item 19 (Indochina or Korea Service Since August 5, 1964) – "Yes" and the dates 29 November 1970 through 24 December 1971 * item 27 (Remarks) – his last period of overseas service was in Germany 4. The training certificate from the 256th Military Police Company shows he successfully completed on-the-job training as a military police investigator (ASI V5) on an unspecified date. 5. On 22 January 1978, he was honorably discharged for immediate reenlistment. His DD Form 214 for this period reflects in: * item 16a (Primary Specialty Number and Title) – 95B3OP (should read 95B3P) (Military Policeman – Parachutist) * item 17a (Secondary Specialty Number and Title) – 00C4O (Dog Trainer) * item 19 – "Yes" and service in Korea from 29 November 1970 through 24 December 1971 6. Headquarters, III Corps and Fort Hood, Orders 41-62, 1 March 1978, awarded him primary MOS 95B3PA9 (Military Policeman – Parachutist – Patrol Dog Handling). His primary MOS 95B3P and secondary MOS 00C4O were withdrawn. 7. On 4 April 1978 he completed the Criminal Investigation Correspondence Course. 8. Headquarters, 13th Corps Support Command, Orders 75-13, 17 April 1979, awarded him secondary MOS 71L3O (Administrative Specialist). 9. His DA Forms 2166-5A (Senior Enlisted Evaluation Report) covering the following periods show he was evaluated in his primary MOS 95B3PV5 (Military Policeman – Parachutist – Military Police Investigation) and secondary MOS 71L3O. His duty MOS is shown as MOS 95B3O or 95B4O (no ASI required). His duty position titles are shown as: * July 1978 through June 1979 – Military Police Investigator * July 1979 through June 1980 – Military Police Investigator Supervisor * July 1980 through June 1981 – Absent Without Leave Apprehension Noncommissioned Officer (NCO) 10. His DA Forms 2166-6 (Enlisted Evaluation Report) covering the following periods show he was evaluated in his primary MOS 95B3PV5 and his secondary MOS 71L3O. His duty MOS is shown as 95B4O (no ASI required). His duty position titles are shown as: * July 1981 through August 1982 – Absent Without Leave Apprehension NCO * August 1982 through July 1983 – Civilian Liaison NCO 11. His available DA Form 20 (Enlisted Qualification Record) is poor quality and largely unreadable. 12. His DA Form 2-1 (Personnel Qualification Record – Part II) reflects in: * item 5 (Overseas Service) – he received overseas service credit in Korea from 29 November 1970 through 24 December 1971 * item 35 (Record of Assignments) – he was assigned to Battery D, 4th Battalion (Nike-Hercules), 44th Artillery Regiment, in Korea from 10 December 1970 through 7 February 1972 * item 35 – his duty MOS as 95B except while in basic combat training 13. His service records are void of orders directing his assignment to Korea or TDY in Vietnam with the 101st Military Intelligence Battalion, 101st Airborne Division. 14. On 19 January 1984, he was discharged by reason of expiration term of service. Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) of his final DD Form 214 shows his MOSs as: * 95B3PA9 Military Police, 13 years and 11 months * 71L3O Administrative Specialist, 4 years and 9 months 15. ABCMR Docket Number AR20190009266, 5 January 2021, granted his request to correct his DD Form 214 for the period ending 19 January 1984 to show his ASI as V5. 16. On 28 October 2021, he was issued a DD Form 215 (Correction to DD Form 214) correcting item 11 of his DD Form 214 for the period ending 19 January 1984 by: * deleting MOS 95B3PA9 Military Police, 13 years and 11 months * adding MOS 95B3PV5 Military Police, 13 years and 11 months BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed that the service record was void of substantiating evidence of a tour in Vietnam and/or duty performance as a 31D (Criminal Investigator). For that reason, the Board recommended that denying the requested relief was appropriate. 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), 20 August 1973, established policies and procedures for completion and distribution of the DD Form 214. Paragraph 2-7z (Item 19) stated for Vietnam service, place an "X" in the "Yes" block and show specific dates of service. 3. Army Regulation 635-5 (Separation Documents), 1 October 1979, 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. a. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate. Personnel officers will use the following source documents when preparing DD Forms 214 and other separation documents: * DA Form 201 (Military Personnel Records Jacket) * DA Forms 2 and 2-1 (Personnel Qualification Records) * separation orders * DD Forms 4 (Enlistment/Reenlistment Documents) * DA Form 3716 (Personnel Financial Record) * enlistment records and DD Forms 214 for prior service personnel * any other available records b. The specific instructions for item 11 stated to enter the MOS codes, titles, years, and months for enlisted personnel. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002840 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1