RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050017957


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 items 22 (Military Occupational
Specialties) and 41 (Awards and Decorations) on his DA Form 20 (Enlisted
Qualification Record) be corrected.

2.  The applicant states he was awarded the “Acft Maint [aircraft
maintenance] Crewman” on 26 September 1966 but it was crossed out in item
22 on his DA Form 20.  He also states that an entry for entitlement to the
Purple Heart (authorized by Headquarters, 4th Infantry Division General
Orders Number 485, dated 25 January 1968) was crossed out in item 41 on his
DA Form 20.

3.  The applicant provides two applications and pages 1 and 4 of his DA
Form 20.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
13 May 1968.  The application submitted in this case is dated 12 December
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 was inducted on 26 May 1966.  He completed 67A (aircraft
maintenance crewman) training on or about 3 October 1966 and 67N (single
rotor turbine helicopter mechanic) training on or about 15 November 1966.
U.S. Army Aviation Center Troop Brigade (Provisional) Special Orders Number
198, dated 6 October 1966, awarded him primary military occupational
specialty (MOS) 67N and secondary MOS 67A effective 15 November 1966.

4.  The applicant served as an aircraft maintenance turbine helicopter
mechanic in Vietnam.  He was promoted to specialist four on 30 March 1967
and to specialist five on 25 September 1967.  On 13 May 1968, the applicant
was released from active duty.

5.  Item 22 on the applicant’s DA Form 20 shows the entry pertaining to his
secondary MOS 67A was crossed out in item 41.  The entry pertaining to
entitlement to the Purple Heart as authorized by Headquarters, 4th Infantry
Division General Orders Number 485, dated 25 January 1968, is crossed out.
The applicant's DA Form 20 was reviewed and authenticated by the applicant
on 21 November 1966.

6.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows his
MOS is 67N20 (aircraft maintenance turbine helicopter mechanic).

7.  Item 40 (Wounds) on the applicant’s DA Form 20 is blank.  The
applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Headquarters, 4th Infantry Division General Orders Number 485, dated
25 January 1968, authorizes award of the Purple Heart; however, these
orders do not contain the applicant’s name.

9.  At the time, Army Regulation 611-201 prescribed the enlisted MOS
structure.  In pertinent part, it stated that MOS 67A halted progression at
grade E-3 and progressed into one of the several specialized 67-series
MOSs, to include MOS 67N.

10.  At the time, Army Regulation 600-200, chapter 9, prescribed
instructions for preparing and maintaining the DA Form 20.  In pertinent
part, it stated that the chapter was applicable to all enlisted personnel
on active duty and all Army Reserve enlisted personnel assigned to U. S.
Army Reserve troop program units.

DISCUSSION AND CONCLUSIONS:

1.  The general orders shown in item 41 on the applicant’s DA Form 20
authorizing award of the Purple Heart do not contain the applicant’s name.
Therefore, there is no basis for granting the applicant’s request to amend
item 41 on his DA Form 20.

2.  In any case, the DA Form 20 was prepared and maintained for Active Army
and U.S. Army Reserve enlisted personnel.  As the applicant no longer has a
military status, the Board is reluctant to recommend that this record be
changed. In addition, it appears MOS 67A was properly deleted from his DA
Form 20 as he was no longer authorized to hold it once he was promoted to
specialist four.  The DD Form 214 is the document used to record the
military status of a separated individual as of the date of separation.
His DD Form 214 properly reflects his primary MOS of 67N.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 13 May 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 12 May
1971.  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

LE_____  __PM____  _EF_____  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.




                                  ____Lester Echols_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017957                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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