RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040009630


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his military
occupational specialty (MOS) as "door gunner."

2.  The applicant states he was a door gunner on a UH-1H helicopter
assigned to Company C, 159th Assault Helicopter Battalion, 101st Airborne
Division, in Vietnam.

3.  The applicant provides a self-authored letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 July 1970.  The application submitted in this case is
dated 27 October 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 was inducted into the Army of the United States on 4
December 1968.  He underwent Basic Combat Training (BCT) at Fort Bragg,
North Carolina.  He was then transferred to Fort Gordon, Georgia where he
underwent Advanced Individual Training (AIT).  Upon completion of AIT, he
was awarded MOS 72C (Telephone Switchboard Operator) as his a primary MOS.

4.  The applicant served in Vietnam from on/about 9 June 1969 to on/about
14 July 1970.  His initial Vietnam assignment was as a telephone
switchboard operator in Company A, 501st Signal Battalion, 101st Airborne
Division.  On/about 18 February 1970, the applicant was reassigned within
the 101st Airborne Division to Company C, 159th Aviation Battalion where he
served as a helicopter door gunner.  His duty MOS during this period was
shown as 67A (Aircraft Maintenance Apprentice).

5.  The applicant returned from Vietnam and was honorably separated at Fort
Lewis, Washington on 17 July 1970.  His DD Form 214 shows, in Item 23a
(Specialty Number and Title), "72C20 CEN OFF TEL SWBD OPERATOR."

6.  Army Regulation (AR) 611-1 (Military Occupational Classification
Structure Development and Implementation) prescribes policies and
responsibilities for developing, maintaining, evaluating and revising the
military occupational classification and structure for Army officers,
warrant officers, and enlisted Soldiers.  It refers to DA Pamphlet 611-21
(Military Occupational Classification and Structure) for a listing of all
enlisted MOS's.  There is no MOS for helicopter door gunners.

7.  AR 635-5 (Separation Documents) prescribes the separation documents
that must be prepared for Soldiers on retirement, discharge, release from
active duty service, or control of the Active Army. It establishes
standardized policy for preparing and distributing the DD Form 214.  The
regulation then in effect stated only the primary MOS would be entered in
Item 23a of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as a door gunner
aboard UH-1H helicopters in Vietnam from 18 February to 14 July 1970.
During this period, he was given a duty MOS of 67A (Aircraft Maintenance
Apprentice); however, his primary MOS remained 72C.

2.  Pertinent regulations then in effect required that only a Soldier's
primary MOS would be entered on his DD Form 214.  The applicant's DD Form
214 correctly shows his primary MOS.

3.  Even if regulations had permitted a duty MOS to be entered on DD Form
214, there was no MOS for door gunners.  These personnel usually carried
aviation repairman MOS's; the applicant's MOS during the time he served as
a door gunner was 67A (Aircraft Maintenance Apprentice).

4.  There is no error or injustice in this case.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 16 July 1973.  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

__slp___  __rld___  __jrm___  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.



                                        Shirley L. Powell
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009630                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]