RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050016824


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, correction of his records to show
that he performed the duties of a mine sweeper while serving in Vietnam.

2.  The applicant states, in effect, that during the early part of his tour
of duty in Vietnam, from May 1970 to August 1970, he was attached to a Mine
Sweep detail outside of Chu Lai (Vietnam).  He also states, in effect, that
during this period he managed to trigger more than one mine with his
bulldozer.  He further states, in effect, that he remembers being
congratulated for setting off his first series of mines and he then felt he
was accepted as a veteran mine sweeper by his fellow Soldiers.  He adds
that the loud explosions from triggering the mines caused him to lose 60
percent of his normal hearing and hopes there is documentation in his
records that proves he was involved in mine sweeping duty in Vietnam.  The
applicant requests relief from this Board in correcting his records to show
that he performed mine sweeping detail in Vietnam, so that he may apply to
the Department of Veterans Affairs (VA) for a service-connected disability
related to his hearing loss.

3.  In support, the applicant provides an affidavit, dated 5 November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 August 1971, the date of his separation from active duty.
The application submitted in this case is dated 7 November 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 military service records show that he was inducted into
the U.S. Army on 20 January 1970.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 62M (Rough Terrain Forklift and Loader
Operator).  The applicant was honorably separated on 27 August 1971 after
serving on active duty for a total of 1 year, 7 months, and 4 days.
4.  The applicant's military service records contain a DA Form 20 (Enlisted
Qualification Record).  Item 27 (Military Education) shows, in pertinent
part, that the applicant completed the Rough Terrain Forklift and Loader
Operator (MOS 62M2O) course in 1970.  Item 22 (Military Occupational
Specialties) shows that the applicant was awarded MOS 62M2O (Rough Terrain
Forklift and Loader Operator) on 22 May 1970.

5.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood,
Missouri, Special Orders Number 124, dated 4 May 1970, which shows, in
pertinent part, that the applicant was awarded MOS 62M2O as his primary
MOS, effective 22 May 1970. This order also shows, in pertinent part, that
the applicant was assigned to the U.S. Army Overseas Replacement Station,
Oakland, California, for further assignment to U.S. Army Vietnam Transient
Detachment for duty in primary MOS 62M2O.

6.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows that he
served in the Republic of Vietnam (VN) from 27 June 1970 through 26 August
1971.  Item 38 (Record of Assignments) of the DA Form 20 shows, in
pertinent part, that on 6 July 1970 the applicant was assigned to the 23rd
Administrative Replacement Detachment (Vietnam).  This item also shows that
on 13 July 1970 the applicant was subsequently assigned to Headquarters and
Headquarters Company, 26th Engineer Battalion (Vietnam) in duty MOS 62M2O,
with principal duty as a Rough Terrain Forklift and Loader Operator, and
that he served in that duty MOS until he was returned to the continental
United States for separation processing.

7.  The applicant's military service records contain a copy of a Standard
Form (SF) 88 (Report of Medical Examination), dated 26 August 1971, that
was completed for the purpose of the applicant's separation medical
examination.  Item 73 (Notes and Significant or Interval History) of this
document contains handwritten notes that were entered by the applicant.
The notes entered in this item, in pertinent part, contain the entries "1.
Since my last physical has not changed  2.  My condition is good" and are
absent any reference to a hearing loss.  This document also shows that the
applicant affixed his signature following the entries made in this item of
the document.

8.  The applicant's records contain a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
27 August 1971, which shows in Item 25 (Education and Training Completed)
the entry ""FLWMO  RTF & L OP  8 Weeks" (i.e., Fort Leonard Wood, Missouri,
Rough Terrain Forklift and Loader Operator course, 8 Weeks in length).
Item 23a (Specialty Number & Title) of the applicant's DD Form 214 contains
the entry "62M2O RTF & L OP" (i.e., Rough Terrain Forklift and Loader
Operator).
Item 30 (Remarks), in pertinent part, contains the entry "VN SERVICE:
27 Jun 70 - 26 Aug 71."

9.  The applicant's records contain a copy of a letter from the Honorable
R_____ D. C______, Member of Congress, dated 20 April 1994, addressed to
the U.S. Army Reserve Personnel Center, St. Louis, Missouri.  In his
letter, on behalf of the applicant, the congressman requested information
(i.e., unit morning reports) related to the 26th Engineer Battalion while
operating in Chu Lai, Vietnam, from
1 May 1970 to 30 September 1970, in order to substantiate the applicant's
VA claim.  The applicant's records also contain a letter from the National
Archives and Records Administration, Suitland Reference Branch, Washington,
DC, dated 14 June 1994, which responded to the congressman's request.  This
letter shows, in pertinent part, that the congressman was advised that the
requested documents will not show the type of information that the VA
requires to adjudicate the applicant's claim.

10.  Army Regulation 611-201 (Enlisted Career Management Fields and
Military Occupational Specialties), in effect at the time, governed the
classification, standards of grade, and duties of enlisted Soldiers.  This
Army regulation shows, in pertinent part, that the combat engineer (MOS
12B) performs minefield and booby-trap duties by handling and transporting
mines, booby traps, and related equipment and materials; arming, disarming,
installing mines; and detecting, breaching, and clearing mines and booby
traps.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant's separation, prescribes the separation documents that must
be prepared for Soldiers on retirement, discharge, release from active duty
service, or control of the Active Army.  It also establishes standardized
policy for preparing and distributing the DD Form 214.  Section III
(Instructions for the Preparation and Distribution of the DD Form 214)
contains guidance on the preparation of the DD Form 214 and paragraph 62
(Item 30, Remarks) states, in pertinent part, to enter the inclusive dates
of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be
corrected to show that he performed the duties of a mine sweeper while
serving in Vietnam.  However, the applicant provides insufficient
documentary evidence in support of his claim.
2.  The evidence of records shows that the applicant was formally trained
in MOS 62M, awarded primary MOS 62M, and performed principal duty in MOS
62M (Rough Terrain Forklift and Loader Operator) while assigned to
Headquarters and Headquarters Company, 26th Engineer Battalion in Vietnam
from 13 July 1970 through 22 August 1971.

3.  The evidence of records shows that the applicant's primary MOS is
correctly shown in Item 23a of his DD Form 214.  In addition, the evidence
of records shows that the applicant's service in Vietnam is correctly shown
in Item 30 of his DD Form 214.

4.  There is no evidence of records that shows the applicant performed
principal duties of a mine sweeper (i.e., MOS 12B, Combat Engineer) while
serving in Vietnam.  There is also no evidence of records that shows that
the applicant suffered a hearing loss or any auditory impairment during his
service in Vietnam. Therefore, absent any evidence of record corroborating
the fact that the applicant performed duty as a mine sweeper in Vietnam,
there is an insufficient evidentiary basis to provide the requested
correction.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 August 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 August 1974.  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

__KAN___  __CVM__  __YM___  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.




                                  ____Kathleen A. Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016824                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710827                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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