RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040010134


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 the entries at items 24 (Aptitude Tests -
Place Tested), 38 (Duty MOS), and 47 (Signature of Individual) on his DA
Form 20 (Enlisted Qualification Record) be corrected.

2.  The applicant states, in effect, the government is attempting to cover-
up illegal acts and to discredit him.  He believes his MOS should read 91A,
that he took his aptitude tests at Ft. Leonard Wood, Missouri not Ft. Polk,
Louisiana, and the signature on the DD Form 20 is a forgery.

3.  The applicant provides copies of his 28 August 1965 and 9 September
1968 DD Forms 214 (Report of Transfer or Discharge), 15 July 1968 NGB Form
22 (National Guard Bureau Report of Separation), a DA Form 20 (Enlisted
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 9 September 1968, the date of his discharge.  The application
submitted in this case is dated 16 November 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 records show he enlisted in the Oklahoma Army National
Guard (OKARNG) for 6 years on 10 March 1965.  He entered active duty for
training (ADT) on 4 April 1968, completed training in the military
occupational specialty 91A (Medical Corpsman).  He was released from ADT on
28 August 1965 and transferred back to the OKARNG.  The DD Form 214
prepared lists his MOS as 91A10.

4.  The applicant served in the OKARNG with periods of active duty or
active duty for training until 19 July 1968, when he was ordered to active
duty for a period of 17 months.

5.  A 31 July 1968 Standard Form 600 (Chronological Record of Medical Care)
indicates the applicant was evaluated for a visual field impairment that
could be considered to be disqualifying for enlistment.

6.  On 26 August 1968 a Medical Evaluation Board determined that the
applicant's visual impairment had existed prior to his induction and that
it was of such a nature and severity as to disqualify him for induction.
He was found to be otherwise physically qualified for service.

7.  The applicant was AWOL for the period 31 August 1968 through 3
September 1968.

8. Headquarters, Army Air Defense Center Letter Orders honorably discharged
the applicant effective 9 September 1968 for failure to meet medical
fitness standards at the time of enlistment.

9.  The applicant's DA Form 20 shows at:

      a.  Item 22 (Military Occupational Specialties), award of the MOS
91B20 (medical specialist) on 7 November 1966;

      b.  Item 24 (Aptitude Tests), completion of aptitude testing at
Ft. Polk, Louisiana, on 7 April 1965;

      c.  Item 27 (Military Education), completion of the Army Medical
Corpsman Course at Ft. Sam Houston, Texas in 1965 for MOS 91A10;

      d.  Item 38 (Record of Assignments), service with the Headquarters
and Headquarters Company, 1st Battalion, 245th Armor Division in the duty
MOS of 91B20 (Medical Specialist) as an ambulance driver from 15 September
1965 though 31 January 1968; and

      e.  Item 47 (signature of individual), that he signed the form on
20 November 1965.

DISCUSSION AND CONCLUSIONS:

1.  Other than the entries on the applicant's DD Forms 214 and the DA Form
20 there is no documentation related to any of the entries in the
applicant's record.

2.  In the absence of evidence to the contrary, this Board must apply the
presumption of regularity in governmental affairs.  There is nothing in
available records or in the evidence submitted by the applicant to overcome
this presumption.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 September 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

_SK_____  __BJE__  __RTD  __  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.



                                  ___     Stanley Kelley_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010134                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            | 20050901                               |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | DENY                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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