RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:  AR20050007098


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 Item 38 (Record of Assignments)
of his Enlisted Qualification Record (DA Form 20) be corrected by deleting
the entry that indicates he attended the military occupational specialty
94A (Cook) service school.

2.  The applicant states, in effect, he believes a clerical error occurred
when the entry in Item 38 of his DA Form 20 that indicates he attended 94A
(Cook) school on 12 August 1968.  He states that in fact, he did not attend
this school and another Soldier listed on his orders attended the school
and he attended 05B (Radio) school.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 May 1971.  The application submitted in this case is
dated
5 May 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’s record shows he enlisted in the Regular Army and
entered active duty on 21 May 1968.  His Enlisted Qualification Record (DA
Form 20) shows he successfully completed basic training at Fort Polk,
Louisiana.

4.  Headquarters, United States Army Training Center, Infantry and Fort
Ord, California Special Orders Number 225, dated 12 August 1968, assigned
the applicant to Company D, 2nd Battalion Fourth CST Brigade to complete
Department of Army (DA) directed On-The-Job Training (OJT) in MOS 94A
(Cook).  An entry in Item 38 shows that on 12 August 1968, he was assigned
to Company D, 2nd Battalion, 4th Training Brigade, Fort Ord, California,
attending the 94A service school.

5.  Headquarters, United States Army Training Center, Infantry and Fort
Ord, California, Special Orders Number 286, dated 12 October 1968,
reassigned the applicant to United States Army Southeastern Signal School
(USASESS),
Fort Gordon, Georgia to attend the Radio Teletype Operator’s Course for a
period of 11 weeks with a report date of 26 October 1968.

6.  Item 38 of the applicant’s DA Form 20 shows that on 28 October 1968, he
was assigned to Company F, 1st Battalion Student Brigade, USASESS, Fort
Gordon, Georgia attending the 05C (Radio Teletype Operator) service school.
 Item 22 shows he was awarded the primary MOS 05C on 24 January 1969, and
Item 38 shows he performed duties in MOS 05C from 5 March 1969 through
11 May 1971.

7.  Item 48 (Date of Audit) of the applicant’s DA Form 20 confirms he last
audited his record on 2 March 1971.

8.  On 11 May 1971, the applicant was honorably separated after completing
2 years, 11 months and 21 days of active military service.  The DD Form 214
he was issued upon his separation contains an entry, in Item 23a (Specialty
Number and Title), confirming the applicant held the MOS 05C (Radio
Teletype Operator) at the time of his separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record contains official orders confirming the
applicant was assigned to Fort Ord, California for training in MOS 94A,
which comports with the Item 38 entry in question.  There is no indication
that he attempted to clarify this entry while he remained on active duty.
In fact, he last audited his DA Form 20 on 2 March 1971, shortly before his
separation.  This audit, in effect, was his verification the information
contained on the DA Form 20, including the contested entry, was correct on
the date he audited the record, some three years after the date of the
contested entry in Item 38.

2.  The record also confirms the applicant went on to train in MOS 05C, and
that he was awarded and served in this MOS throughout his active duty
tenure, as is officially recorded on his DD Form 214.  As a result, it does
not appear there is any error or injustice related to documented record
pertaining to the MOS he actually served in on active duty.  Even if the
contested DA Form 20 entry was in error, it does not appear it has, or will
result in any injustice being served upon him.  Thus, absent specific
evidence of an error to rebut the evidence of record, there is an
insufficient evidentiary basis to support granting the requested relief at
this late date.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 May 1971, the date of his
separation.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 10 May 1974.  He failed to 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

___SLP _  __CAD __  __KSJ __  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.




                                  _____Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007098                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/0511                               |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Early Out                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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