RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 March 2005
      DOCKET NUMBER:  AR20040003902


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John E. Denning               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, in effect, that his DA Form 20 (Enlisted
Qualification Record) be corrected to show he did not work in military
occupational specialties (MOSs) 56A10, 76A10, 76G20, 76W, or 57E.

2.  The applicant states that he never worked in those MOSs and his records
could be confused with another Soldier.

3.  The applicant provides no supporting evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on     21 August 1968.  The application submitted in this case was received
on 30 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 applicant enlisted in the Regular Army on 20 August 1965.  His DA
Form 20 (with the same social security number and service number as he
lists on his ABCMR application) show he completed basic combat training and
advanced individual training and was awarded MOS 56A10 (Supply Handler).

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his
duty MOS and principal duties as, successively:  56A10 (Supply Handler);
56A10 (Supply Handler); 76A10 (Supply Clerk); 76G20 (Signal Storage
Specialist); 76W20 (Petroleum Dispensing Operator); 57E40 (Assistant
Laundry Foreman); 57E40 (Laundry and Bath Impregnator); and 57E20 (Laundry
and Bath Impregnator).  These duty MOSs and principal duties ranged from
his first duty assignment on 16 November 1965 through his last duty
assignment on 7 June 1968.

5.  The applicant's primary MOS of 56A10 was withdrawn and he was awarded
primary MOS 57E20 on 11 October 1967.

6.  The applicant last audited his DA Form 20 on 2 July 1968.  He was
released from active duty on 21 August 1968.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show that the applicant's records were
mixed up with another Soldier's records.  The DA Form 20 that contains the
"erroneous" duty MOS and principal duty information lists the same social
security number and service number as he lists on his ABCMR application.

2.  The "erroneous" information covers a period of almost 3 years.  The
applicant last audited his DA Form 20 with the "erroneous" duty MOS and
principal duty information on it on 2 July 1968.  Absent evidence to the
contrary, the Board presumes that his DA Form 20 correctly lists the duty
MOSs and principal duties he performed during his enlistment.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         20 August 1971.  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

__jed___  __jrs___  __mjf___  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.




            __John E. Denning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003902                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050317                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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