RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	

	BOARD DATE:          7 July 2005                    
	DOCKET NUMBER:  AR20050001611


	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. Melvin H. Meyer

Chairperson

Mr. Eric N. Anderson

Member

Ms. Carol A. Kornhoff

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 record be corrected to show that at the time of enlistment, he was qualified for military occupational specialty (MOS) 31C (Single Channel Radio Operator) (currently MOS 25C) in accordance with the Army Civilian Acquired Skills Program (ACASP).

2.  The applicant states, in effect, that for many years prior to enlistment, he was qualified as both an amateur and commercial radio operator in civilian life.  He possessed the knowledge of radio operations and maintenance required by the Army for award of MOS 31C as a secondary MOS.  In fact, those skills that were specifically related to MOS 31C were taught as part of his MOS 31F10V4 training.  Technically, he would have been proficient in MOS 31C and it should have been awarded as a secondary MOS.

3.  The applicant provides:

	a.  Three amateur radio licenses issued by the United States of America Federal Communications Commission.

	b.  A copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error which occurred on 28 July 1992.  The application submitted in this case is dated 31 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 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.  On 22 February 1989, the applicant enlisted in the US Army Reserve Delayed Entry Program (DEP) for 8 years.  On 2 March 1989, he was discharged from the DEP and enlisted in the Regular Army for 4 years.  His enlistment documents show he enlisted for:  the US Army Training of Choice option in MOS 31F (Mobile Subscriber Equipment Network Switch Systems Operator); and the US Army College Fund Program.  There is no evidence that he enlisted under AR (Army Regulation) 601-210, for the ACASP.
4.  The applicant's DD Form 214 shows that he was honorably separated on 28 July 1992 under the provisions of chapter 4-24b(3) Army Regulation 635-40, for physical disability with severance pay.  Item 12c (Net Active Service This Period) shows he completed 3 years, 4 months and 27 days of creditable active military service.  Item 11 (Primary Specialty) shows his MOS as 31F10.

5.  AR 601-210 (Regular Army and Army Reserve Enlistment Program), chapter 7, provides policy and guidance for implementing the ACASP.  The ACASP attracts and uses qualified personnel with civilian-acquired skills needed by the Army.  An individual must meet the basic eligibility criteria for enlistment under ACASP; this includes, but is not limited to, prerequisites for skill, training and experience in specified MOS's.  Upon enlistment, the individual must demonstrate proficiency in the specified MOS through on-the-job training, and be certified as proficient by his commander in order to qualify for the ACASP enlistment incentive.  MOS's are listed in MILPER Messages published by the US Army Human Resources Command (then US Total Army Personnel Command, or PERSCOM).

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant enlisted in the Regular Army (RA) for training in MOS 31F.  He did not enlist for the ACASP in MOS 31C.

2.  It is unknown whether MOS 31C was listed as an incentivized MOS in a MILPER Message in 1989.

3.  The applicant's service records do not show that he ever performed on-the-job training in MOS 31C or demonstrated proficiency in the MOS.

4.  The applicant's amateur radio licenses were obtained after he was separated from active military service.  They are not sufficient to support that he had an acquired-skill that was needed by the Army at the time of his enlistment or that he met the criteria for award of MOS 31C.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 July 1992; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 July 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

__mhm___  __ena___  __cak___  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.



						Melvin H. Meyer
		______________________
		        CHAIRPERSON





INDEX

CASE ID
AR20050001611
SUFFIX

RECON

DATE BOARDED
20050707
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
131.0000
2.
131.0900
3.

4.

5.

6.