RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 April 2005
DOCKET NUMBER: AR20040003831
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 |
| |Ms. Rosa M. Chandler | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin H. Meyer | |Chairperson |
| |Ms. Karen A. Heinz | |Member |
| |Mr. Lawrence Foster | |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 Item 23 (Primary Specialty Number and
Title) on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) be corrected to show that his military occupational
specialty (MOS) was "MOS 11B, Infantry" vice "05B20, INTER SPEED RADIO."
2. The applicant states, in effect, that during his Viet Nam tour, he
spent approximately 22 percent of the time performing duties associated
with MOS 05B and that 78 percent of his time was spent performing duties
associated with MOS 11B. He performed the duties of an infantryman
sweeping villages using trucks mounted with mortars and machine guns.
3. The applicant provides in support of his request a copy of his DD Form
214, issued on 6 March 1972.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
6 March 1972. The application submitted in this case is dated 25 June
2004.
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 available evidence shows the applicant was inducted into the Army
of the United States on 21 October 1970. His DA Form 20 (Enlisted
Qualification Record) shows that he completed the training requirements and
he was awarded MOS 05B (Intermediate Speed Radio Operator) on 5 April 1971.
He served in that MOS the entire time that he was in an active duty
status.
4. On 6 March 1972, the applicant was honorably released from active duty
and transferred to the United States Army Reserve. His DD Form 214
appropriately shows that he was awarded MOS "05B INTER SPEED RADIO."
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the applicant's records to show that he was
awarded MOS 11B. There is overwhelming evidence to show that he was
trained and awarded MOS 05B.
2. The urgent needs brought about by combat situations may require non-
infantry Soldiers to temporarily perform the basic infantry duties that all
Soldiers are taught, but it is not a basis for award of MOS 11B.
3. The applicant has established no basis for changing his MOS. The Board
does not make changes to official military personnel records unless it can
be established the record is in error.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 March 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
5 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
__mhm___ __kah___ __lf____ 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.
Melvin H. Meyer
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040003831 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050426 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0500 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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