IN THE CASE OF: 
 
  BOARD DATE: 19 September 2023 
 
  DOCKET NUMBER: AR20230000908 
 
 
APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 January 1961 to show an unspecified primary military occupational specialty (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) 

• Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), 21 May 2020 

• VA Form 21-4138, 31 October 2022 


 
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 served in an unspecified MOS for 2 years while assigned to the 11th Armored Cavalry Regiment in Germany, which is not shown on his DD Form 214. He was one of five group members who rode in an armored personnel carrier and was exposed to extreme noise. He was not provided hearing protection and he suffered hearing loss from sitting next to the engines. He was also exposed to weapons fire. He went to a firing range every day for 6 months. He would like his DD Form 214 corrected to qualify for increased VA benefits related to his service-connected right ear hearing loss. 
 
3.  He enlisted in the Regular Army at age 17 on 7 January 1958 with parental consent. He completed 8 weeks of training at the Quartermaster School in MOS 941.10 (Cook).  
 
4.  Headquarters, 6th Armored Cavalry Regiment, Fort Knox, KY, Special Orders Number 150, 30 June 1958, awarded him MOS 941.10 (Cook) effective 13 June 1958. 
 
5.  The DA Form 1049 (Personnel Action), 10 February 1959, shows the Assistant Adjutant, 3d Battalion, 11th Armored Cavalry Regiment, Germany, recommended awarding him primary MOS 111.10 (Senior Rifleman), noting he performed the duties of a rifleman in excess of 60 days. He fully demonstrated his qualifications by competent performance in this MOS. 
 
6.  Headquarters, 3d Battalion, 11th Armored Cavalry Regiment, Germany, Special Orders Number 29, 19 February 1959, awarded him primary MOS 111.10 effective that date. 
 
7.  Headquarters, U.S. Army Infantry Center (USAIC) Troop Command, Fort Benning, GA, Special Orders Number 172, 24 August 1960, transferred him to Company B, 2d Battalion USAIC Troop Command, with duty in the Headquarters, Transportation Section, effective 26 August 1960. The orders noted he was presently conducting on-the-job training in MOS 640.00 (Light Vehicle Driver), which would continue. 
 
8.  Headquarters, USAIC Troop Command, Fort Benning, GA, Special Orders Number 229, 8 November 1960, awarded him primary MOS 640.00 upon completion of on-the-job training. 
 
9.  His DA Form 20 (Enlisted Qualification Record) shows in: 
 
 a.  item 26 (Military Education), he completed the 8-week Quartermaster School Cooking Course in 1958; 
 
 b.  item 32 (Classification in Military Occupational Specialties), his MOSs as: 
 
• (Secondary) Cook, 941.10, 2 May 1958 

• (Primary) Light Weapons Infantryman, 111.10, 19 February 1959 

• (Primary) Light Vehicle Driver, 640.00, 8 November 1960 (this entry is lined through) 


 
 c.  item 33 (Record of Assignments), his assignments as: 
 
• Cook, MOS 941.10, from 5 May 1958 through 16 July 1958 

• Assistant Mortar Gunner, MOS 112.00, from 17 July 1958-27 October 1958 

• Senior Rifleman, MOS 111.10, from 28 October 1958-11 July 1960 

• Heavy Vehicle Driver, MOS 642.10, from 12 July 1960-25 August 1960 

• Light Vehicle Driver, MOS 640.00, from 26 August 1960-6 January 1961 


 
10.  Headquarters, USAIC, Fort Benning, GA, Special Orders Number 4, 5 January 1961, released him from active duty effective 6 January 1961 and assigned him to the 
U.S. Army Reserve Control Group (Reinforcement). The orders show his MOS as 640.00. 
 
11.  He was honorably released from active duty on 6 January 1961 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3 years of total active service. Item 25a (Specialty Number and Title) of his DD Form 214 shows his MOS as 640.00, Light Vehicle Driver. 
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant was trained in and held MOS 941.10 (Cook) in 1958. However, he was later awarded MOS 111.10 (Infantry Rifleman) in February 1959 and MOS 640.00 (Light Vehicle Driver) in August 1960. His separation orders listed his MOS at time of separation as 640.00. Light Vehicle Driver. Likewise, his DD Form 214 also listed his MOS as 640.00, Light Vehicle Driver, which is the MOS he held at time of separation. 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. Nevertheless, the Board determined since he was awarded both MOS 941.10 (Cook) and MOS 111.10 (Infantry Rifleman), an entry in the Remarks Block of his DD Form 214 reflecting the two MOS is appropriate.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
xx: xx: xx: GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by adding the entry “Secondary MOS 941.10 (Cook)” and “Additional MOS 111.10 (Infantry Rifleman)” to Block 32 (Remarks) of his DD Form 214.  
 
2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending Block 25a (Primary Specialty) to show a different MOS. 
 
  9/19/2023

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 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 will decide cases on the evidence of record; it is not an investigative body. The Board 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 Forms), 11 January 1960 and in effect at the time, prescribed the forms to be used in the separation of Army personnel and were applicable to all officer and enlisted personnel on active duty. The purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested Government agencies which assist the individual in obtaining the rights and benefits which may accrue as the result of such service. It is important that information entered thereon is complete and accurate. 
 
 a.  The general instructions stated all available records will be used as a basis for preparation of the DD Form 214, including the DA Form 24 (Service Record), DA Form 20, and orders. 
 
 b.  The detailed instructions for item 25a stated to enter the primary MOS code number and title at the time of separation. There were no provisions to record additional MOSs. 
 
//NOTHING FOLLOWS//