RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          31 August 2004
      DOCKET NUMBER:  AR2004101911


      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 N. Slone                 |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Robert Duecaster              |     |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 item 38 (Record of Assignments) of his DA
Form 20 (Enlisted Qualification Record), specifically the entries for 1
April 1967,         20 April 1967, and 1 May 1967, be corrected to show he
performed duties as a radar equipment repairman.

2.  The applicant states that a high school classmate of his was also
assigned to the unit and was the generator operator and repairman.  Their
service numbers were consecutive (his was RA17____96 and his classmate's
was RA17____97). There was apparently an error accidentally made due to the
consecutive numbers.  He was a radar repairman for the entire year he was
assigned to the unit.

3.  The applicant provides a copy of page 3 of his DA Form 20.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 December 1968, the date he separated.  The application
submitted in this case is dated 30 October 2003.

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 15 February 1966.  He
completed basic training and advanced individual training was awarded
military occupational specialty (MOS) 16D (Hawk Missile Crewman).

4.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Battery, 6th Battalion, 71st Artillery on 5 August 1966.  Item
38 of his DA Form 20 shows he performed duties as a 22A10 Acquisition Radar
Repairman from 5 August 1966 until 1 April 1967.

5.  Item 38 of the applicant's DA Form 20 shows he had a change of duty on
      1 April 1967 when his duty MOS and principal duty changed to 52B30
Generator Operator.

6.  Item 38 of the applicant's DA Form 20 shows he had a change of duty on
      20 April 1967 when his duty MOS and principal duty changed to 52D20
Gas Turbine Repairman.

7.  The applicant was promoted to Specialist Four, E-4 on 21 April 1967 in
MOS 52D20.  Orders dated 21 April 1967 withdrew primary MOS 16D10 and
awarded him primary MOS 52D20 and secondary MOS 16D20.  On 26 April 1967,
those MOS orders were amended to show he was awarded primary MOS 52B30 and
secondary MOS 16D20.

8.  Item 38 of the applicant's DA Form 20 shows he had a change of duty on
     1 May 1967 when his duty MOS and principal duty changed to 52B30
Precision
Power Generator Operator.

9.  The applicant departed Vietnam on 26 July 1967.  He attended training
in MOS 26L (Microwave Radio Repairman).  Orders for this MOS are not
available. He was assigned to Fort Huachuca, AZ on 25 April 1968.  Item 38
of his DA From 20 shows he performed duties there in MOS 73C Finance
Specialist.

10.  Item 4 (Date of Audit) of the applicant's DA Form 20 shows he audited
his DA Form 20 on 7 June 1968.  He separated on 16 December 1968.

11.  At the time, Army Regulation 600-200, chapter 9, prescribed
instructions for preparing and maintaining the DA Form 20.  In pertinent
part, it stated that the chapter was applicable to all enlisted personnel
on active duty and all Army Reserve enlisted personnel assigned to U. S.
Army Reserve troop program units.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions are noted; however, it cannot be determined
      35 years after the fact what his duty MOS was for any period while he
was assigned to Vietnam.  It is noted that he audited his DA Form 20 on 7
June 1968, after he departed Vietnam, certifying the entries on the form
were correct.

2.  The DA Form 20 was prepared and maintained for Active Army and U. S.
Army Reserve enlisted personnel.  As the applicant no longer has a military
status, and he audited the DA Form 20 on 7 June 1968 with these "errors" on
the form, the Board is reluctant to recommend that those records be
changed.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    15 December 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

__jns___  __jrs___  __rd____  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 N. Slone____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101911                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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