RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           02 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101766


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Ronald Weaver                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Report of Transfer or
Discharge) be changed to show his correct period of service in Vietnam, and
to delete the entry to show that one of his specialties was that of a cook.


2.  The applicant states that his dates of service in Vietnam are from 1
March 1970 to 31 January 1971.  He was in Germany from April 1971 to April
1972.  The only MOS (military occupational specialty) he held was 13A10
(artillery) as indicated on his DD Form 214.  He did not have a secondary
MOS, nor did he attend any training as a cook, or perform any duties as a
cook.

3.  The applicant provides a copy of his DD Form 214, and a copy of a
computer printout from an 11th Armored Cavalry Regiment (ACR) web site
showing that he served in that organization from 1 March 1970 to 31 January
1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 May 1972.  The application submitted in this case is
dated             4 December 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for three years on 1 October 1969,
completed training as a cannoneer (MOS 13A10), and in March 1970 was
assigned to a howitzer battery in Vietnam.  He departed Vietnam in January
1971.  In March 1971 he was assigned to an artillery battery in Germany.
His   DA Form 20 indicates that he was a first cook (MOS 94B20), with that
battery.  He returned to the United States and was released from active
duty on                1 May 1972.

4.  The applicant's DA Form 20 also shows that his period of service in
Vietnam was from 5 March 1970 through 23 January 1971.  Orders show that he
was assigned to an overseas replacement station at Oakland, California with
a reporting date of 3 March 1970 for onward movement to Vietnam.  An order
published by that overseas replacement station shows that he had a port
call date on 6 March 1970 at Travis Air Force Base in California for onward
movement to Vietnam.  Orders published by the United States Army Vietnam
Transient Detachment on 9 March 1970 indicate that he was assigned from
that organization to a unit of the 11th Armored Cavalry Regiment in
Vietnam.  Orders published by the 11th ACR on 12 January 1971 show that he
was assigned to the overseas replacement station at Fort Dix, New Jersey,
with a reporting date of 5 March 1971, for onward movement to Germany.
That order also shows that he had departed the United States on 5 March
1970 and that he was scheduled to leave Vietnam on 25 January 1971.

5.  On 23 January 1971 Headquarters, 11th Armored Cavalry Regiment
published an order awarding the applicant a secondary MOS of 94B20 (cook)
effective on 21 January 1971.  The applicant's DA Form 20 reflects award of
that secondary MOS.

6.  The applicant's DD Form 214 shows that he was in Vietnam 8 March 1971
to 30 April 1972.  The remarks section of that form contains the notation
that he had a specialty as a cook, in addition to his specialty as an
artilleryman, MOS 13A10.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is correct in stating that he was in Germany from April
1971 to April 1972, and that his DD Form 214 is incorrect concerning the
dates that he served in Vietnam.  However, notwithstanding his contention
that he served in Vietnam from 1 March 1970 to 31 January 1971, the exact
date of his arrival in Vietnam and his departure thereof cannot adequately
be determined.  He departed for Vietnam on or about 6 March 1970 and
departed sometime in late January 1971.  The information on his DA Form 20
indicating that he was in Vietnam from 5 March 1970 to 23 January 1971
appears to reflect the approximate dates of his service in Vietnam.
Lacking any evidence to the contrary, those dates should be accepted and
his DD Form 214 be changed accordingly.

2.  The applicant was awarded a secondary MOS of 94B20.  It is reflected on
his DA Form 20, which also shows that he served in that MOS in Germany.
Consequently, the entry on the applicant's DA Form 20 which shows that he
had a specialty as a cook is deemed correct.  Despite his contention, the
applicant has not provided evidence to indicate otherwise.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WM__  ___WP  _  ___RW__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the applicant's 1 May 1972 DD
Form 214 be corrected to show that he served in Vietnam from 5 March 1970
to 23 January 1971.

2.  The Board further determined that 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
his request to correct his    DD Form 214 to show he served in Vietnam from
1 March 1970 to 31 January 1971 and to delete the entry in the remarks
section showing that he had a specialty as a cook.




            ____Walter Morrison____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101766                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040902                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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