RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  24 August 2006
      DOCKET NUMBER:  AR20060000507


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCant            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 Report of Separation (DD Form 214) be
corrected to show his military occupational specialty (MOS) as 11E.

2.  The applicant states that he trained at Fort Carson, Colorado, before
he was injured and was transferred to Fort Knox, Kentucky, and was awarded
a 76Y MOS.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 May 1975.  The application submitted in this case is
dated 24 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.  On 12 June 1972, he enlisted in the Army in Columbus, Ohio, for 3
years, in the pay grade of E-1.  He successfully completed his training and
was awarded an 11E10 (Armor Crewman) MOS.

4.  He was promoted to the pay grade of E-2 on 12 October 1972, to the pay
grade of E-3 on 7 December 1972, and to the pay grade of E-4 on 1 April
1974.

5.  Special Orders Number 149 were published on 29 May 1974 withdrawing the
applicant's 11E10 MOS and awarding him a 76Y20 (Unit Organization Supply
Specialist) MOS, effective 28 May 1974.

6.  The applicant was honorably discharged on 5 June 1974, for the purpose
of immediate reenlistment.  The DD Form 214 that he was furnished at the
time of his discharge shows his MOS as 76Y20 (Unit/Armorer Supply
Specialist).

7.  On 6 June 1974, he reenlisted in the Army for 4 years, in the pay grade
of
E-4.  He remained in the Army for 11 months and 7 days during this tour of
duty, until he was honorably discharged on 12 May 1975, by reason of
physical disability.  He had completed at total of 1 year, 11 months and 24
days of total active service.

8.  The DD Form 214 that he was furnished at the time of his discharge
shows his MOS as Unit and Organization Supply Specialist and Armorer.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.  It further provides that the MOS code, title and date
of award will be reflected on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Both of the applicant's DD Forms 214 were prepared in accordance with
the applicable regulation, then in effect.

2.  His records show that his 11E10 MOS was withdrawn, and that he was
assigned a 76Y20 MOS on 28 May 1974.  Therefore, MOS 76Y20 was
appropriately annotated on his DD Forms 214.

3.  Nonetheless, 11E10 was properly omitted from his DD Forms 214;
therefore, there is no basis for granting the applicant's request.

4.  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 this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 May 1975; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 11 May 1978.  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

___JM___  __RCH__  __SWF__  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.




                                  ____Jeanette McCants_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000507                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTERS         |
|2.  6                   |100.0500/CHANGE MOS                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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