RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104848


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Patrick McGann                |     |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 12 December 1972 DD Form 214 (Report of
Transfer or Discharge) be corrected to show his MOS (Military Occupational
Specialty) as 95B1D, Military Policeman, instead of 71B30, Clerk Typist.

2.  The applicant states that he was never a clerk typist.  He makes
reference to his 4 December 1969 DD Form 214.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 December 1972.  The application submitted in this case
is dated 18 February 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 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's complete OMPF (official military personnel file) is not
available; however, there are sufficient documents for the Board to conduct
a fair and impartial review of this case.

4.  The applicant enlisted in the Army on 5 December 1968, trained as a
military policeman at Fort Gordon, Georgia, and as a sentry dog handler at
Lackland Air Force Base, Texas in 1969.  He was discharged in the rank of
private first class on 4 December 1969 in order to reenlist.  His MOS on
his DD Form 214 is shown as 95B1D, Military Policeman.

5.  The applicant reenlisted in the Army for 3 years on 5 December 1969.
He served in Vietnam from 2 March 1970 to 6 June 1972.

6.  On 3 November 1970, the applicant then assigned to the 981st Military
Police Company (Sentry Dog), was arraigned and tried by a special court-
martial which convened at Qui Nhon, Vietnam on 4 October1970.  He was found
guilty of committing an assault upon an individual by threatening him with
a rifle, for unlawfully striking that individual in the chest and face with
his foot and fist, and for wrongfully and willfully discharging his rifle
in the training area within the kennel area, under circumstances such as to
endanger human life.  He was sentenced to be reduced to the grade of
private E-1, forfeiture of $80.00 per month for five months, and
confinement at hard labor for five months.

7.  An enlisted efficiency report for the period September 1971 to December
1971 shows that the applicant was a TAMS clerk with the 720th Military
Police Battalion.  His primary MOS is shown as 71B20, with no secondary MOS
shown. His duty MOS is shown as 71T20.

8.  An enlisted efficiency report for the period July 1972 to November 1972
shows that he was a senior military policeman with the 54th Military Police
Company at Fort Ord, California.  His primary MOS is shown as 71B30,
secondary MOS as 95B40, and duty MOS as 95B20.

9.  An enlisted evaluation data report dated 24 November 1972 shows that
the applicant was evaluated in MOS 71B20 in August 1972.

10.  The applicant was released from active duty on 12 December 1972 at
Fort Ord.  He had almost 4 years of active service and 30 days of lost
time.  His MOS and duty title on his DD Form 214 is shown as 71B30, clerk
typist, respectively.
11.  Army Regulation 611-201 then in effect provides qualifications for a
military policeman.  In order to perform satisfactorily as a military
policeman, a Solider must have no record of special or general court-
martial convictions and no record of other disciplinary action under the
Uniform Code of Military Justice which indicates behavior inconsistent with
high standards of law enforcement specialty.

DISCUSSION AND CONCLUSIONS:

1.  Obvious is the fact that the applicant's behavior, as shown by his
court-martial conviction in 1970 made him unqualified for further duty or
assignment as a military policeman, and notwithstanding his assignment as a
military policeman at Fort Ord in 1972, his primary MOS of 95B was
withdrawn.

2.  The evidence clearly shows that the applicant's primary MOS of 95B was
changed to 71B at some time subsequent to his court-martial conviction.
Two enlisted efficiency reports show his primary MOS as 71B.  He was
evaluated in that MOS in August 1972.

3.  The applicant's contention that he was never a clerk-typist is not so,
as indicated above.  His 12 December 1972 DD Form 214 which shows his
primary MOS as 71B30 is correct.  The applicant's request is not granted.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 December 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    11 December 1975.  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 _  ___SP __  ___PM __  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                 |AR2004104848                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041130                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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