IN THE CASE OF: BOARD DATE: 10 January 2023 DOCKET NUMBER: AR20220004603 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty) for the period 6 November 1972 to 5 November 1975 to show: * His military occupational specialty (MOS) as 13A (Field Artillery) * His Medical Profile APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 20 September 1971 to 5 November 1972 * DD Form 214 (Report of Separation from Active Duty) 6 November 1972 to 5 November 1975 * Special Order Number 61, 21 March 1972 * Unit Order Number 28, 28 April 1972 * Special Orders Number 207, 6 November 1972 * Special Order Number 52, 20 March 1974 * Special Orders Number 64, 10 April 1974 * Reclassification Memorandum, 18 November 1974 * DA Form 3349 (Physical Profile), 5 November 1974 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 he would like his DD Form 214 to show all his military information. If you read over the three DD Forms 214, each one has things on it different from the others. He was in Field Artillery (13A) training at Fort Sill (21 of March 1972). He was appointed to an Artillery Detachment with the MOS 13A (28 April 1972) Next, he reenlisted in MOS 13A20 at 23rd USA Artillery Detachment (6 November 1972). Next, his MOS changed from 13A10R3 to 13B10R3, still an artillery MOS (20 March 1974). Next, he was reassigned to Fort Carson, still having the same MOS 13B10R3 artillery (10 April 1974). Next, his MOS changed from 13B20 (Artillery) to94B20 (Cook) (07/08/74). His DD Form 214 does not say anything about him having a permanent medical condition, He has attached a copy of his Medical Condition- Physical Profile Record, 4 November 1974. His request is to have Artillery (13B) and his Medical Condition added to his DD Form 214. MOS 94B is correct starting (07/08/74). Most of his time in the Army was in artillery and that's why he got a medical condition and still has the problems. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 20 September 1971. He completed the 8- week Field Artillery Course at Fort Sill, OK and he was awarded MOS 13A, Field Artillery Basic. b. He served in the Netherlands from on or about 17 April 1972 to on or about 12 April 1974. He was assigned to 23rd Field Artillery Detachment, in duty MOS 13A. c. On 16 August 1972, Headquarters, 552nd Field Artillery Group published Special Orders Number 152 awarding him secondary MOS (SMOS) 94B2O effective 16 August 1972, in accordance with paragraph 2-26(b)(3) of Army Regulation (AR) 600-200 (Enlisted Personnel Management). d. On 6 November 1972, Headquarters, 552nd Field Artillery Group published Special Orders Number 207 honorably discharging him on 5 November 1972, for immediate reenlistment. The standard name line listed his MOS as 13A. e. He was honorably discharged on 5 November 1972 for immediate reenlistment. He was issued a DD Form 214 for this period of service capturing his 1 year, 1 month, and 16 days of active service. This DD Form 214 shows in: * Block 23a (Primary Specialty and Title) 94B, Cook School * Block 24 (Military Education) (FA) Field Artillery Basic f. He reenlisted in the Regular Army on 6 November 1972 for present duty assignment. His DD Form 4 (Enlistment/Reenlistment Document) shows his primary MOS is 94B. g. On 20 March 1975, Headquarters, 552nd Field Artillery Group published Special Orders Number 52 awarding him MOS 13B1OR3 and withdrawing MOS 13A1OR3, due to change in MOS classification within the Army. h. On 10 April 1974, Headquarters, 552nd Field Artillery Group published Special Orders Number 64 reassigning him to Fort Carson, CO on a permanent change of station. The standard name line listed his MOS as 13B1OR3. He left the Netherland and was assigned to Battery C, 4th Battalion, 64th Artillery at Fort Cason, CO. i. His DA Form 2-1 (Personnel Qualification Record) shows in Section II (Classification and Assignments Date), Block 6 (Military Occupational Specialties) his primary MOS as 94B as of 16 August 1972. j. On 11 July 1974, the applicant was issued a temporary physical profile for pain after long marches, probably secondary to scar tissue. k. On 7 August 1974, a reclassification board convened and determined the applicant has a physical profile which rendered him unqualified for performing duties in current MOS. The reclassification board determined: * Applicant is not qualified to perform duties in PMOS due to physical profile * Applicant has secondary MOS (SMOS) 94B; he is presently working as a 94B, and he has expressed a strong desire to be a 94B * Applicant made a statement that his profile does not hinder him in duty MOS 94B l. Also on 7 August 1974, the applicant submitted a statement indicating his willingness to accept reclassification from MOS 13B to 94B. He stated that he can perform all the duties of a 94B with his physical profile in a combat environment. m. On 8 October 1974, Headquarters, 4th Infantry Division published Special Orders Number 281 awarding the applicant primary PMOS 94B2O and withdrawing PMOS 13B2O, effective 2 October 1974. n. On 19 December 1974, the applicant was promoted to specialist five effective 1 December 1974 in MOS 94B. o. He was honorably released from active duty on 5 November 1975 and transferred to the U.S. Army Reserve. He was issued a DD Form 214 for this period of service capturing his 3 years of active service. This DD Form 214 shows in: Block 16a (Primary Specialty and Title) 94B2O, Cook, as of 72-08-16. p. On 27 April 1977, the U.S. Army Reserve Command published orders honorably discharging him from the U.S. Army Reserve, effective 23 May 1977. The standard name line listed his MOS as 94B. 4. By regulation (AR 635-5): the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. a. The regulation in effect in May 1972, stated for Items 23a (Primary Specialty and Title) enter primary MOS code number, title, and date of award. In addition, enter PMOS evaluation score and date of score. If the enlisted person has not received a PMOS evaluation score, enter "None." b. The regulation in effect in August 1975 states for Item 16a (Primary specialty number and title), enter the primary MOS code, title, and date of award. Also, for enlisted personnel, enter PMOS evaluation score and date of score. If the enlisted person has not received an evaluation score, enter None. c. Effective 1 October 1979, AR 635-5 was revised. Paragraph 1-4b (5) stated the DD Form 214 will no longer be issued/prepared for enlisted members discharged for immediate reenlistment in the Regular Army. d. There is no provision to enter a physical profile on the DD Form 214. 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. The Board noted that the applicant served two periods of enlistment: a. He enlisted on 20 September 1971. He completed the 8-week Field Artillery Course, and he was awarded MOS 13A, Field Artillery Basic. Due to medical issues, the applicant was unable to work in this MOS and consequently, he was issued orders awarding him secondary MOS 94B, Cook. It appears he was performing in this MOS rather than the 13A MOS. He was honorably discharged on 5 November 1972 for immediate reenlistment. His DD Form 214 for this period of service shows in Block 23a (Primary Specialty and Title) 94B, Cook School and in Block 24 (Military Education) (FA) Field Artillery Basic. b. He reenlisted on 6 November 1972; his reenlistment contract shows his primary MOS is 94B. His DA Form 2-1 lists his primary MOS as 94B as of 16 August 1972. Also, following his physical profile, a reclassification board rendered him unqualified in MOS 13A (or 13B), and since he held and performed in MOS 94B and he submitted a statement indicating his willingness to accept reclassification from MOS 13B to 94B, his higher headquarters published orders in October 1974 awarding him primary MOS 94B and withdrawing PMOS 13B. Additionally, in December 1974, he was promoted to specialist five in MOS 94B. He was honorably released from active duty on 5 November 1975. His DD Form 214 for this period of service shows in Block 16a (Primary Specialty and Title) 94B2O, Cook, as of 72-08-16. c. It is clear that the applicant’s medical condition/profile rendered him unqualified for the Field Artillery MOS. As such, he performed as a cook, and both of his DD Forms 214 correctly reflect the MOS he held and performed in. The Board determined there is no error or injustice. d. The Board also determined there is no provision in the governing regulation to list a medical profile on the DD Form 214. 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 (AR) 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that will be furnished individuals who are separated from the Army. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Chapter 2 contains guidance on the preparation of the DD Form 214. a. The regulation in effect in May 1972, stated for Items 23a (primary Specialty and Title) and 23b (Related Civilian Occupation. (1) In item 23a enter primary MOS code number, title, and date of award. In addition, enter PMOS evaluation score and date of score. If the enlisted person has not received a PMOS evaluation score, enter "None." If more space is required, enter "see 30" and continue remark in item 30. (2) 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. If not applicable, enter "NA." b. The regulation in effect in August 1975 states for Item 16a (Primary specialty number and title), enter the primary MOS code, title, and date of award. Also, for enlisted personnel, enter PMOS evaluation score and date of score. If the enlisted person has not received an evaluation score, enter None. 3. AR 635-5, effective 1 October 1979, was revised. Paragraph 1-4b (5) stated the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004603 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1