RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040010211


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K, Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely Jr.         |     |Member               |
|     |Ms. Linda D. 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 that his military occupational specialty (MOS)
be corrected on his DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge).

2.  The applicant states that his DD Form 214 incorrectly shows his MOS as
being 76S20 (PLL Clerk) [Vehicle Materiel Supply Specialist], and that his
correct MOS should show as 13A10 (Artillery) [Cannoneer].  He also states
that he never received training as a clerk nor did he work as a clerk while
in the Army and that he was assigned to an artillery unit during his tour
in Vietnam.

3.  The applicant provides no additional documents in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 June 1970, the date he was separated from active duty.  The
application submitted in this case is dated 29 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's military records show that he was inducted in the
military on    12 November 1968.  He successfully completed basic training
and advanced individual training and was awarded the military occupational
specialty (MOS) 13A (Cannoneer).  He served in Vietnam from 22 April 1969
through 14 June 1970 as a member of B Battery, 7th Battalion, 11th
Artillery.  He was transferred to the Army Reserve with an honorable
characterization of service on 15 June 1970.

4.  The applicant's DD Form 214 item 23a (Specialty Number & Title) shows
his MOS as 76S20 (PLL Clerk).


5.  Headquarters, 25th Infantry Division Special Orders Number 327 dated
     23 November 1969, shows that the following MOS action was directed on
the applicant.  He was awarded P (Primary) 76S20 and S (Secondary) 13A10,
and    P (Primary) 13A10 was withdrawn.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the        DD Form 214 is a synopsis of the soldier’s
most recent period of continuous active duty.  It provides a brief, clear-
cut record of active Army service at the time of release from active duty,
retirement or discharge.  It also states that effective  1 October 1979, DD
Form 214's would no longer be issued for immediate reenlistments and that
all service would be continuous from the date the last    DD Form 214 was
issued.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's primary MOS was changed to
76S20 on 23 November 1969.  Therefore, the entry that is currently in item
23a of his DD Form 214 is correct as it reads.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         14 June 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

___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                 |AR20040010211                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |25 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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