RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 JULY 2006
      DOCKET NUMBER:  AR20050015295


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine Taylor                |     |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 military occupational specialty (MOS) be
changed on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) from 94B20 (Cook) to 52B20 (Power Generation
Equipment Operator).

2.  The applicant states, in effect, that he went to school at Fort
Belvoir, Virginia, in 1968 and was awarded 52B as his primary military
occupational specialty (PMOS).  He said his secondary military occupational
specialty (SMOS) was 94B, however; it was changed on his DD Form 214.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification
Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 October 1970.  The application submitted in this case
is dated       5 October 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 records show he enlisted into the Regular Army on
           9 October 1967.  He was trained and awarded MOS 52B.  The
applicant served in the Republic of Vietnam from 10 May 1968 to 21 December
1969.  He was honorably discharged on 8 October 1970.

4.  The applicant’s DA Form 20 shows his SMOS as 52B and his PMOS is listed
as 94B.

5.  The applicant’s DD Form 214 lists his “Specialty Number and Title” in
item 23a as 94B20, Cook.  Additionally, item 25 shows that the applicant
completed   7 weeks of training in 1968 in MOS 52B20 “Powerman.”

6.  Orders dated 23 January 1969 shows that the applicant was awarded SMOS
of 94B20.

7.  A Letter dated 24 January 1969 shows that the applicant requested his
SMOS of 94B20 (Cook) be changed to his PMOS, and his PMOS of 52B20
(Powerman) be awarded as his SMOS.

8.  Orders dated 16 March 1969 shows the applicant was awarded 94B20 as his
PMOS and 52B20 as his SMOS.

9.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation states that the DD Form 214 is a summary of a
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active duty service at the time of release from
active duty, retirement, or discharge.  The regulation states, in pertinent
part, to enter the specialty number and title in item 23a at the time of
separation.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded 94B as his PMOS
and 52B was changed to his SMOS per his request.  There is no other
documentation in the applicant’s records to show that after being awarded
94B as his PMOS it was later withdrawn.  Additionally, the applicant’s DD
Form 214 shows that he was school trained in 52B.  Therefore, there is no
error or injustice and no basis for correction of the applicant's DD Form
214.

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

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 October 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           7 October 1973.  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

___AR __  ___LD___  __PT ___  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.




                                  ______  Allen Raub_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015295                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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