| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Charles Gainor | Member |
APPLICANT REQUESTS: That the military occupational specialty (MOS), reflected on his separation report, be corrected to show that he was a cook or, as a minimum, a cook MOS be added. He states, in effect, that he was trained as a cook while at Fort Monmouth, New Jersey and was promoted to pay grade E-3 in that specialty. He notes that he worked in that specialty for several months while at Fort Monmouth, was an excellent cook, and volunteered for duty as a cook in Vietnam. He states that upon his arrival in Vietnam he was told that his unit did not need any more cooks, but that there was a new opening in a field bakery, and he was assigned to that organization. He notes that he learned his job quickly and was promoted to pay grade E-4. He states that ultimately he returned to duties as a cook and would like that information reflected on his separation document. The applicant submits no evidence in support of his request, beyond his self-authored statement and a copy of his separation report. The applicant also asked for a clearer copy of his separation report. One will be provided to him with these proceedings.
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 show:
He was inducted and entered active duty on 28 July 1965. He successfully completed training at Fort Dix, New Jersey and was promoted to pay grade E-2 in November 1965. In December 1965 he was assigned to Fort Monmouth. He was promoted to pay grade E-3 in March 1966 and on 16 June 1966 he was awarded a primary MOS of 94A10 (Food Service Helper).
In September 1966 the applicant was assigned to Vietnam. He was promoted to pay grade E-4 on 16 December 1966 and awarded a primary MOS of 94D20 (Baker). His original MOS, 94A10, was withdrawn. The applicant remained in Vietnam until July 1967 when he returned to the United States.
He was released from active duty on 22 July 1967. His MOS is recorded as "94D20 Baker" on his separation report.
Army Regulation 635-5, then in effect, established the procedures for the preparation and distribution of separation reports. It stated that an individual's primary MOS code number and title would be entered in item 23a on the separation report.
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.
There is no evidence of an error or injustice in this case. Although the applicant may have performed duties as a cook during his military service, the evidence available to the Board indicates that at the time he was released from active duty he held a primary MOS of 94D20 (Baker). As such, that was the appropriate information to record on his separation report.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 22 July 1967, the date the applicant was separated. The time for the applicant to file a request for correction of any error or injustice expired on 22 July 1970.
The application is dated 13 June 2002 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
__INW _ __WTM _ __CG___ CONCUR WITH DETERMINATION
| CASE ID | AR2002075941 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021003 |
| 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. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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