IN THE CASE OF:	

		BOARD DATE:	    8 June 2010

		DOCKET NUMBER:  AR20090020919 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his military occupational specialty (MOS) as a truck driver and not a cook.

2.  The applicant states he worked as a driver of a 5-ton Army truck with water trailer for the entire time he was in Vietnam.

3.  The applicant does not provide any additional documents.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's military records show that he was inducted into the Army of the United States on 10 August 1966, was awarded the MOS of cook on 9 December 1966, and served in Vietnam from 30 December 1966 to 25 December 1967.  His DA Form 20 (Enlisted Qualification Record) shows that, while in Vietnam, he served as a cook while assigned to Company C, 504th Military Police Battalion, and was promoted to pay grade E-4.

3.  He was honorably released from active duty on 9 August 1968.  The DD Form 214 he was issued shows his MOS as cook.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are clear that he was trained to be a cook, was awarded the MOS of cook, and served as a cook.  As such, his DD Form 214 properly reflects his MOS as cook.

2.  While the applicant's duties may very well have included driving a truck to bring meals to members of his command while they were away from their home station, this would not require him to be awarded a different MOS.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case 

are insufficient as a basis for correction of the records of the individual concerned.



      __________X_________
                 CHAIRPERSON
      
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.
ABCMR Record of Proceedings (cont)                                         AR20090020919



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ABCMR Record of Proceedings (cont)                                         AR20090020919



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