RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040008451


      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. Klaus P. Schumann             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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, correction of his separation
document
(DD Form 214) to show Military Occupational Specialty (MOS) 11B
(Infantryman) instead of MOS 57C (Tire Repairman).

2.  The applicant states, in effect, that he served in the Republic of
Vietnam as an Infantryman, he has received awards and decorations which
reflect MOS 11B, and that he was trained as an Infantryman.  He would like
his separation document to reflect that he was an Infantryman also.

3.  The applicant provides a copy of his DD Form 214, effective 2 July
1971, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 July 1971.  The application submitted in this case is
dated
27 September 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 limitations 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's military record shows that he entered active duty on
26 June 1968.  His Enlisted Qualification Record (DA Form 20) shows he was
trained in and awarded (MOS) 11B (Infantryman) and the highest rank he
attained while serving on active duty was specialist four (SP4).

4.  On 2 July 1971, the applicant was honorably discharged after serving 2
years, 11 months, and 28 days on active duty.  The DD Form 214 he was
issued at the time of separation shows that during his active duty tenure,
he was awarded the National Defense Service Medal, Combat Infantryman
Badge, Purple Heart, Vietnam Campaign Medal with 1960 device, Bronze Star
Medal, Vietnam Service Medal with two bronze service stars and the Vietnam
Gallantry Cross with Palm Unit Citation.
5.  The applicant’s military record contains Headquarters, 1st Air Cavalry
Division Special Orders 152, dated 1 June 1969, which awarded him Primary
MOS 57C20 and withdrew MOS 11B20 in accordance with Army Regulation 600-
200, paragraph 2-30a(2).  The applicant’s enlisted qualification record, in
Item 22 (Military Occupational Specialty) also shows that he was awarded
57C20 (Tire Repairman) as his primary MOS as a result of on-the-job
training.  It further shows 76Y20 (Unit Supply Specialist) as his secondary
MOS.

6.  The applicant’s military record contains a Physical Profile Record (DA
Form 8-274), dated 8 May 1969, which shows that he had an unstable ligament
of his left knee which restricted him from duties requiring crawling,
stooping, running, jumping, prolonged standing or marching.

7.  Army Regulation 600-200 provides, in pertinent part, that a Soldier who
can perform duties required of any 3-character MOS may be awarded that MOS.
 However, he or she must be qualified in accordance with the specifications
and qualifications required for a particular MOS.  A new MOS will be
awarded on qualification in any MOS (including prior military service),
successful completion of MOS producing training, successful completion of
on-the-job training for not less than 60 days, change in MOS structure,
identifying civilian acquired skills having a direct MOS counterpart, and
withdrawal of a PMOS.

8.  Army Regulation 635-5 (Separation Documents) established the
standardized policy for preparing and distributing the DD Form 214.  The
regulation provides, in pertinent part, that the primary military
occupational specialty (PMOS) will be entered in item 23a (Specialty Number
& Title).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should contain MOS 11B
instead of MOS 57C was carefully considered.  However, the evidence of
record clearly shows that official orders reclassified him and directed the
applicant’s primary MOS to be changed from 11B to 57C as a result of OJT,
likely as a result of his physical profile which restricted him from
performing many of the functions required of an 11B.  Therefore, it is
clear that on the day he separated from the Army his MOS was 57C and his
separation document properly reflects this MOS.
2. In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.
3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 June 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
25 June 1971.  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

__mkp___  __reb___  __lmb___  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.



                                        Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008451                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|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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