IN THE CASE OF: BOARD DATE: 6 July 2023 DOCKET NUMBER: AR20230000587 APPLICANT REQUESTS: correction of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge to show: * his rank and pay grade as specialist four (SP4)/E-4 * award of military occupational specialty (MOS) 13B, Cannoneer APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * DD Form 214 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, in effect, he held the rank of SP4 at the time of separation. He further contends that he performed the duties of MOS 13B while deployed. 3. A review of the applicant s military record shows he was inducted into the Army of the United States on 24 March 1971. 4. The applicant served in the Republic of Vietnam (RVN) from 27 September 1971 to 26 September 1972. 5. His DA Form 20 shows in: * Item 22, MOSs what appears to be an erased entry awarding the applicant the secondary MOS of 13B * Item 27, Military Education - completion of training for MOS 94B in 1971 with no entry for training as a 13B * Item 33, Appointments and Reductions the highest grade he held was private first class (PFC)/E-3, with a date of rank of 13 August 1971 * Item 38, Record of Assignments no entry showing the applicant performed the duties of a 13B 6. Special Orders Number 277, 4 October 1971, published by Headquarters, 101st Airborne Division (Airmobile) show the applicant was assigned to Battery C, 2nd Battalion (Airmobile), 320th Artillery in the RVN as a cook (MOS 94B). 7. General Orders Number 641, 7 March 1972, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) awarded the applicant the Army Commendation Medal. These orders show the applicant s rank as PFC/E-3. 8. Special Orders Number 81, 21 March 1972, issued by Headquarters, 2nd Squadron, 11th Armored Cavalry Regiment, reassigned the applicant to the Transition Station, effective 31 March 1972. These orders show the applicant s rank as SP4/E-4. 9. The applicant was released from active duty on 2 April 1972. His DD Form 214 lists his rank and pay grade as PFC/E-3, with a date of rank of 13 August 1971 and his MOS as 94B, 13 August 1971. 10. Regulatory guidance states orders are required for promotion from E-3 to E-9, and for the award of an MOS. 11. 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. 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. a. The evidence of record shows the applicant entered active duty on 26 September 1972 and he was formally trained as a food service specialist/cook and served in that MOS during his military service, as reflected on his DA Form 20, some of his awards, and his DD Form 214. There is no evidence he was formally trained in MOS 13B or served in that MOS. Based on a preponderance of evidence, the Board determined that the MOS listed on the applicant s DD Form 214 upon separation was not in error or unjust. b. The evidence of record also shows the applicant was appointed to PFC/E-3 on 13 August 1971. This is evident by the entry on his DA Form 20, the rank reflected on his some of his awards, and his DD Form 214. Although his separation orders listed his grade as SP4/E-4, there is no promotion order available to corroborate this rank/grade. Based on a preponderance of evidence, the Board determined that the rank/grade of PFC/E-3 listed on the applicant s DD Form 214 upon separation was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx: xx: xx: 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) 600-200, Enlisted Personnel Management System, in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. It stated a. The promotion of enlisted personnel in grades E-3 through E-9 would be announced in routine orders. b. The secondary military occupational specialty (SMOS) or additional military occupational specialty (AMOS) provide alternate specialties for assignment when Soldiers cannot be utilized in their primary military occupational specialty (PMOS). All awards or withdrawals of PMOS, SMOS, and AMOS will be announced in orders. 3. AR 635-5, Separation Documents, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated to enter the primary MOS code number, title, and date of award, in item 23a (Specialty Number & Title). 4. AR 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 ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000587 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1