RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004102172


      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. Raymond Wagner                |     |Chairperson          |
|     |Mr. Roger Able                    |     |Member               |
|     |Ms. Eloise Prendergast            |     |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.  In effect, the applicant requests that his record be corrected to show
that he completed training and was awarded an MOS (Military Occupational
Specialty).

2.  The applicant states that his DD Form 214 (Report of Transfer or
Discharge) shows that he was a trainee.  He completed basic training and
advanced individual training (AIT), and his MOS was in the transportation
field.  He drove a truck.  In order to receive assistance from the Veterans
Service Commission his records have to show that he completed training –
that he was not in a trainee status.

3.  The applicant did not provide any evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 March 1972.  The application submitted in this case is
dated     23 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 was inducted into the Army on 7 April 1971 and was
assigned to Fort Ord, California for training.  His DA Form 20 shows that
on 5 July 1971 he was transferred from one training battalion at Fort Ord
to another, apparently having completed basic combat training, for training
in MOS 05B20.

4. On 2 August 1971 the applicant went AWOL (absent without leave) and
remained so until his return to duty on 25 August 1971.  On 3 September
1971 he was transferred within Fort Ord to another training battalion for
training in MOS 64C20.

5.  On 9 November 1971 he went AWOL again.  He surrendered to military
authorities at Fort Myer, Virginia on 4 January 1972.

6.  On 7 February 1972 a Member of Congress (MC) appealed on the
applicant's behalf that he be considered for a hardship discharge.  The MC
indicated that the applicant was married to a seventeen-year-old girl and
that he was the father of their four children.  The applicant, then
assigned to the Personnel Control Facility at Fort Belvoir, Virginia, did
apply for a hardship discharge.  His request was approved.  He was
discharged on 24 March 1972.  He had 8 months and           29 days of
service and 79 days of lost time.  His DD Form 214 shows his specialty
number (MOS) and title as 09B00, trainee.

7.  The applicant's DA Form 20 does not show that he completed any training
other than basic combat training, nor does it show award of an MOS.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant completed training necessary
for award of an MOS.  His two extensive periods of AWOL apparently
prevented him from doing so.  The applicant may have performed duties as a
truck driver as he alleges; however, there is no evidence that he completed
training as a truck driver, with subsequent award of the appropriate MOS.


2.  Consequently, there is no error in his records or any injustice done to
him.  His request to correct his records is not granted.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 March 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         23 March 1975.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RW__  ___RA __  ___EP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____ Raymond Wagner______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102172                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040923                                |
|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.       |100.05.07                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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