| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show that his MOS (military occupational specialty) was “Reaction Force.” He states that his MOS was changed at Fort Rucker, Alabama, and he needs his records corrected “for VA Claims purposes.” In support of his request he submits a copy of his DD Form 214, a copy of orders promoting him to pay grade E-4, a copy of an order reassigning him to Fort Dix, New Jersey for transition purposes, and a copy of an order reassigning another soldier to Fort Leonard Wood, Missouri. Also attached to his application was a self-authored statement to the VA in which the applicant appears to discuss traumatic events he encountered while in Vietnam and the affects of those events on his inability to sleep without nightmares.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records were not available to the Board. Information contained herein was reconstructed from documents provided by the applicant.
The applicant entered active duty on 28 November 1967 and, according to his separation report, served in Vietnam between April 1969 and September 1970.
He was promoted to pay grade E-4 effective 19 March 1970. His promotion order indicates that his previously held MOS of 63A10 was replaced by MOS 63C20 when he was promoted. MOS 63A and 63C were part of the 63 career management field which included specialties associated with mechanical maintenance. Today MOS 63A specifically identifies individuals performing duties as M1-Abrams Tank System Maintainers. Specialty 63C, which identified individuals performing duties as track mechanics, is no longer in the Army’s inventory.
Orders reassigning the applicant to Fort Dix for separation processing, which he included with his application to the Board, indicate that he still held MOS 63C20 at the time of his reassignment. On 6 September 1970 the applicant was released from active duty under an early separation program for overseas returnees. His DD Form 214, which he authenticated, indicates his MOS was still 63C.
The other reassignment order, which the applicant submitted in support of his request, reassigned another soldier from Vietnam to Fort Leonard Wood in April 1970. That soldier’s MOS on the reassignment order was reflected as 76K20. MOS 76K was part of the supply and services career management field.
In the applicant’s self-authored statement to the VA, he indicated that he was having nightmares about the “things [he] went through in Vietnam.” He stated that he was “usually” in the jungle and “was in a reaction force….” He concludes the statement by saying, “what it comes down to is I was a grunt or as [they] use to say foot soldier.”
There is no evidence, and the applicant has not provided any, that he held any other MOS than that of 63A or 63C, which was in the field of mechanical maintenance. While he may very well have performed duties as part of a “reaction force” (a military force which can respond quickly and effectively) while in Vietnam, there was no specific MOS designated for that duty.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 6 September 1970, the date the applicant was released from active duty and authenticated his separation document. The time for the applicant to file a request for correction of any error or injustice expired on 6 September 1973.
The application is dated 24 May 2001 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his
record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__GDP__ __TAP __ __MHM__ CONCUR WITH DETERMINATION
| CASE ID | AR2002066751 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020221 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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