RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 February 2005
      DOCKET NUMBER:  AR2004107112


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Maribeth Love                 |     |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, in effect, that her DD Form 214 (Certificate of
Release or Discharge from Active Duty) issued on 5 March 1992 be corrected
to show her military occupational specialty (MOS) was "MOS 91A (Medical
Specialist) versus 94B (Food Service Specialist)."

2.  The applicant states, in effect, that on 28 March 1985, she completed
the Combat Medical Specialist Course and she performed the duties
associated with this MOS while assigned to the 6253rd United States Army
Hospital until August 1989.

3.  The applicant provides in support of her request a copy of a diploma
showing successful completion of the Combat Medical Specialist Course,
dated 29 March 1985, from the Academy of Health Services, Fort Sam Houston,
Texas.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 March 1992.  The application submitted in this case is dated 12 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.  Prior to the period of service under review, the applicant served on
active duty in the Regular Army (RA) from 2 November 1976 to 20 March 1981
in MOS 31M (Multichannel Communications Equipment Operator).  She was
discharged for "inability to perform [her] prescribed duties due to
parenthood."

4.  The applicant joined the US Army Reserve (USAR) for 3 years on
21 November 1984 for training in MOS 91A (Medical Specialist).  She
completed the Combat Medical Specialist Course at Fort Sam Houston, Texas
on 29 March 1985 and was assigned to the 6253rd US Army Hospital, Hamilton
Army Airfield, Novato, California.

5.  On 14 June 1989, the applicant reenlisted in the RA for 4 years and
training in MOS 94B (Food Service Specialist).  She was assigned to Fort
Jackson, South Carolina for advanced individual training.  She completed
the training requirements and was awarded MOS 94B.  On 8 September 1989,
she was assigned to Fort Lewis, Washington with duties in her MOS.

6.  The applicant did not complete her 4-year term of enlistment.  On 5
March 1992, she was honorably discharged under the provisions of chapter 4,
Army Regulation 635-200 by reason of "Convenience of the Government - FY92
Early Transition Program."  Item 11 of her DD Form 214 for the period under
review lists her MOS as "94B10 FOOD SERVICE SPECIALIST" and shows 2 years,
6 months of experience.

7.  Army Regulation 635-5, in effect at the time, prescribed the policies
and procedures for preparing separation documents for soldiers upon
retirement, discharge, or release from active military service.  In
pertinent part, it states that the Primary MOS code, title, and the number
of years and months served will be entered in Item 11 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The diploma provided by the applicant shows that she completed the
Combat Medical Specialist Course at Fort Sam Houston, Texas on 29 March
1985.  This document is dated 4 years before the period of service under
review and was obtained during a period of USAR service.

2.  On 14 June 1989, the applicant enlisted in the RA for the period of
service under review.  Her enlistment contract specifically states that she
enlisted for training in MOS 94B, Food Service Specialist.  All of her
records for the period show that she was trained in MOS 94B and worked in
MOS 94B.  This MOS is properly listed on her DD Form 214 for the period
under review.

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

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 March 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
4 March 1995.  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

__TDH___  __JI____  ___ML___  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.



                                  Thomas D. Howard, Jr.
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004107112                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050217                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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