RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050006194


      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:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |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 that his military occupational specialty (MOS)
be changed from 71H20 (Personnel Specialist) to 11B (Light Weapons
Infantryman).

2.  The applicant states he served in Vietnam as a combat infantryman in a
line company for 9 months during 1966 through 1967.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 July 1967.  The application submitted in this case is dated
7 April 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 enlisted in the Regular Army on 14 April 1964.  He
completed basic combat training and advanced individual training (AIT) at
Fort Knox, Kentucky.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was
awarded primary MOS 71H20 on 10 October 1964.  He was assigned to Alaska as
a clerk typist.

5.  His DA Form 20 shows he was awarded secondary MOS 11B20 on 8 August
1965.  The applicant was reassigned to Hawaii as a rifleman in January
1966.

6.  Company A, 4th Battalion, 9th Infantry (Manchu), Unit Orders Number 19,
dated 19 March 1966, promoted the applicant to specialist four on 19 March
1966 in MOS 11B20.

7.  The applicant's DA Form 20 shows he was reassigned to the 25th Infantry
Division in Vietnam as a rifleman in duty MOS 11B.  He later served as a
grenadier in MOS 11B20 in Vietnam.
8.  Headquarters, 25th Infantry Division Special Orders Number 154, dated
14 June 1966, awarded the applicant the Combat Infantryman Badge.

9.  The applicant was wounded on 13 January 1967 and was transferred to
Walter Reed Army Hospital in Washington, DC.

10.  Headquarters, Walter Reed Army Medical Center, Special Orders Number
171, dated 27 July 1967, released the applicant from active duty on 28 July
1967.  His separation orders show his MOS as "71H20."

11.  Item 23a (Specialty Number and Title) on the applicant's DD Form 214
shows the entry "71H20 Personnel Spec."

12.  Army Regulation 600-200 (Enlisted Personnel Management System),
paragraph 2-32d(4), in effect at the time, stated the redesignation of
primary MOS was mandatory upon promotion to a higher grade in MOS other
than currently designated primary MOS.  In such cases, the MOS in which
promoted would be designated the primary MOS.

13.  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 primary
MOS code number and title will be entered in item 23a on the DD Form 214.
If the specialty represented by the MOS had a related civilian occupation,
the appropriate job title and code number from the dictionary of
occupational titles will be entered in 23b.  If not applicable, enter "NA."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed training in MOS
71H and was awarded primary MOS 71H.

2.  The applicant's Enlisted Qualification Record shows he served in MOS
11B as a rifleman in Alaska and Hawaii.

3.  The evidence of record also shows the applicant was later reclassified
into secondary MOS 11B and served as an infantryman throughout his tour in
Vietnam.  He was promoted to E-4 in MOS 11B.  By the regulation, that
required he be reclassified into primary MOS 11B.  He was awarded a Combat
Infantryman Badge for his service as an infantryman.

4.  There is no evidence to show the applicant was later reclassified back
into primary MOS 71H.  He was released from active duty on 28 July 1967.
At that time, his DD Form 214 was erroneously prepared to reflect his
primary MOS as 71H in item 23a.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 July 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 27 July 1970.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

JM______  RS______  ML______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that the DD Form 214 of the individual
concerned be corrected:

      a.  by deleting the entry "71H20 Personnel Spec" from item 23a;


      b.  by adding the entry "11B20 Light Weapons Infantryman" to item 23a;


      c.  by deleting the entry "205.368 Personnel Clerk" from item 23b; and



      d.  by adding the entry "NA" to item 23b.




                            John Meixell__________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050006194                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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