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ARMY | BCMR | CY2005 | 20050000951C070206
Original file (20050000951C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050000951


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his secondary
military occupational specialty (MOS) for "tracked vehicle support
maintenance course."

2.  The applicant states his secondary MOS is not shown on his DD Form 214.

3.  The applicant provides:

      a.  Page 1 of his DA Form 20 (Enlisted Qualification Record).

      b.  DD Form 214 for 7 April 1966.

      c.  DD Form 214  for 7 March 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 March 1969.  The application submitted in this case is
dated 6 January 2005.

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 of the United States for 2
years on 4 April 1966.  On 7 April 1966 while at the Basic Training
Reception Station, he enlisted in the Regular Army for 3 years.  He
completed Basic Training at Fort Gordon, Georgia and was transferred to
Aberdeen Proving Ground, Maryland for Advanced Individual Training (AIT).

4.  On 24 June 1966, the applicant completed AIT and was awarded MOS 63H
(Track Vehicle Repairer).  He was then assigned to Germany (US Army Europe,
or USAREUR) for his initial duty assignment.

5.  While in Germany, the applicant completed two USAREUR schools for which
he received Academic Reports.  From 3 January 1967 to 3 February 1967, he
completed the 3-week Track Vehicle Support Maintenance Course.  From
26 June 1967 to 21 July 1967, he completed the 3-week Wheel Vehicle Support
Maintenance Course.

6.  The applicant served in MOS 63H throughout his period of service.
Following his assignment in USAREUR, he was reassigned to the Republic of
Vietnam on 21 March 1968.  Upon returning to the United States in late
February 1969, the applicant was separated at Fort Lewis, Washington on 7
March 1969.

7.  The applicant's DD Form 214 shows his MOS in Block 23a as 63H20, Engine
and Powertrain Repairman.  Block 25 (Education) states "NONE."

8.  There are no orders in the applicant's service record to show he was
awarded a secondary MOS.

9.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the
separation documents that must be prepared for Soldiers on retirement,
discharge, release from active duty service, or control of the Active Army.
 It establishes standardized policy for preparing and distributing the DD
Form 214.  It states that the titles of all MOS served for at least 1 year
will be listed.  It also states formal in-service (full-time attendance)
training courses successfully completed during the period of service
covered by the DD Form 214 will be listed by title, length in weeks, and
year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he held a secondary MOS related to "track vehicle
support maintenance."  In fact, the applicant held MOS 63H, Track Vehicle
Repairer.  This is his only MOS; his record contains no orders awarding any
other MOS.

2.  The applicant completed two formal service schools while stationed in
USAREUR.  He completed the Track Vehicle Support Maintenance Course,
3 weeks in length, on 3 February 1967; he also completed the Wheel Vehicle
Support Maintenance Course, 3 weeks in length, on 21 July 1967.

3.  The applicant's DD Form 214 shows his MOS as Engine and Powertrain
Repairman.  It also shows that he completed no educational courses.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 March 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 March 1972.  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

__wdp___  __tmr___  __rjf___  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the DD Form 214 of the individual
concerned to show his MOS as "Track Vehicle Repairer" and that he completed
two educational courses:  Track Vehicle Support Maintenance – 3 Weeks –
1967; and Wheel Vehicle Support Maintenance – 3 Weeks – 1967.



                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000951                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|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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