RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050015798


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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)
entered in Item 23a (Specialty Number and Title) of his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) be corrected.


2.  The applicant states that his MOS was 12A (Pioneer) not 94B (Cook) as
recorded on his DD Form 214.  He continues that he only served as a cook
for
3 months prior to his separation.  He claims that this is affecting his
Department of Veterans Affairs (VA) claim for Post Traumatic Stress
Distress (PTSD), because as a cook in Vietnam the war did not affect him as
much as a pioneer Soldier who is at the front of the line in combat.

3.  The applicant provides a copy of his DD Form 214, copy of VA Form
21-22 (Appointment of Veterans Service Organization as Claimant's
Representative), letter from The American Legion and a self-authored
statement in support of his VA claim.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 August 1967, the date he separated from active duty.
The application submitted in this case is dated 17 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 shows he was inducted on 23 August 1965.  He
completed basic combat training and was awarded the MOS 12A (Pioneer).  The
applicant was assigned to Company A, 70th Engineer Battalion (C) while in
Vietnam during the period 3 April 1966 through 30 March 1967.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the
applicant was awarded and served in the MOS 12A (Pioneer) from 12 November
1965 through 30 May 1966.  This Form also shows he served in MOS 94B (Cook)
from 31 May 1966 through the date of his separation.
5.  Headquarters, 70th Engineer Battalion (Combat) (Army) Special Orders
Number 169, dated 20 August 1966, shows the applicant was awarded the
primary MOS of 94B20, and had withdrawn the primary MOS of 12A.

6.  On 22 August 1967, the applicant was honorably separated after
completing
2 years of active military service.  The DD Form 214 he was issued contains
the entry 94B20 Cook in Item 23a (Specialty Number and Title).  The
applicant authenticated this document with his signature in Item 32
(Signature of Person Being Transferred or Discharged).

7.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  The regulation in effect at the time provided that only
the primary specialty and title would be reflected in block 23a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the MOS entered in Item 23a of his DD
Form 214, which shows he was a cook, was in error was carefully considered.
 However, there is insufficient evidence to support this claim.  The
evidence of record, while showing that the applicant completed pioneer
training and was initially awarded the primary MOS 12A, confirms his
pioneer MOS was withdrawn and he was awarded the primary MOS 94B cook on 20
August 1966.  Further, his DA Form 20 confirms he served as a cook from 31
May 1966 through the date of his separation.  Thus, the MOS entry in Item
23a of his DD Form 214 is an accurate reflection of his record, and it
would not be appropriate to change it at this late date.

2.  The Board will attach a copy of the applicant's DA Form 20 to this
application for the applicant's record.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 August 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 August 1970.  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___  __mjnt__  __wfc___  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.



                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015798                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|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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