RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20050000194


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard Hassell               |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show his primary
military occupational specialty (PMOS) as 11D10 (Armor Recon Specialist)
instead of MOS 03C20 (Physical Activities Specialist).

2.  The applicant states that his PMOS should have remained 11D10.  He
contends that he should not have been given PMOS 03C20 when he was assigned
to the 5th Transportation Company and that the request was made in error.
He states that he signed the wrong form and thought his secondary MOS would
be 03C20.

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 15 November 1971.  The application submitted in this case is dated
20 December 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 was inducted into the Army on 16 March 1970.  He
completed basic combat training at Fort Bragg, North Carolina.  He was
further assigned to Fort Knox, Kentucky for advanced individual training
(AIT) in MOS 11D.  Upon completion of AIT, he was awarded PMOS 11D.  He was
assigned to Vietnam in August 1970 as a scout observer.

4.  Headquarters, 11th Armored Cavalry Regiment Special Orders Number 33
dated 2 February 1971 awarded the applicant secondary MOS 03C10 effective
on 30 January 1971.

5.  Headquarters, U.S. Army Support Command, Da Nang Special Orders Number
97 dated 7 April 1971 promoted the applicant to specialist four and awarded
him PMOS 03C20 on 15 March 1971.  These orders also withdrew MOS 03C10.

6.  The applicant departed Vietnam on 18 August 1971 and was reassigned to
the U.S. Army Depot in Savanna, Illinois in duty MOS 03C20.

7.  The applicant was honorably released from active duty on 15 November
1971.  Item 23a (Specialty Number and Title) on his DD Form 214 shows his
MOS as 03C20.

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of
the DD Form 214.  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.  In pertinent part, it directs that
the PMOS code number and title will be entered in item 23a on the DD Form
214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed training in MOS
11D and was awarded PMOS 11D.

2.  Orders show the applicant was awarded PMOS 03C20 in March 1971 and he
continued to serve in this MOS until he was released from active duty on
15 November 1971.  His DD Form 214 was prepared to correctly reflect his
PMOS as 03C20 in item 23a on his DD Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 November 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

LS______  PM______  LH______  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.




                                  Linda Simmons_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000194                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050726D                               |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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