RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 August 2006
DOCKET NUMBER: AR20060000694
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. Richard Dunbar | |Chairperson |
| |Mr. Dean Camarella | |Member |
| |Ms. Rea Nuppenau | |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 item 23a (Specialty
Number & Title) on his DD Form 214 (Report of Transfer or Discharge) for
the period ending 21 November 1973 to show military occupational specialty
(MOS) 64B20 (heavy vehicle driver) instead of 94B20 (cook).
2. The applicant states, in effect, that he drove a gun truck and logged
over 5,000 miles.
3. The applicant provides a letter, dated 20 May 2005, from the Department
of Veterans Affairs; an Operational Report of Headquarters, Qui Nhon Sub-
Area Command, 593rd General Support Group, for the period ending 31 January
1969; and two pages of his DA Form 20 (Enlisted Qualification Record).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 21 November 1973. The application submitted in this case is
dated 5 January 2006.
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 22 March 1968. His DA Form 20 shows he
was awarded MOS 94B effective 26 July 1968. He served as a cook in Vietnam
from 29 August 1968 through 18 August 1969. On 21 November 1969, the
applicant was honorably discharged for immediate reenlistment.
4. The available records do not contain a DD Form 214 covering the period
22 March 1968 through 21 November 1969. The available records contain a
Certification of Military Service for this period of service.
5. The applicant reenlisted on 22 November 1969 for a period of 4 years.
He served as a cook in Germany and was released from active duty on
21 November 1973.
6. Item 23a on the applicant’s DD Form 214 for the period ending 21
November 1973 shows the entry, “94B20, Cook.”
7. There is no evidence of record which shows the applicant was awarded
MOS 64B20.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was awarded MOS 94B and that he
served in this MOS during the period 26 July 1968 through 21 November 1973.
There is no evidence of record which shows he was awarded MOS 64B20.
Therefore, there is insufficient evidence on which to amend item 23a on his
DD Form 214 for the period ending 21 November 1973.
2. Records show the applicant should have discovered the alleged error now
under consideration on 21 November 1973; therefore, the time for the
applicant to file a request for correction of any error expired on 20
November 1976. 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
RD____ ___DC___ _RN_____ 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.
__Richard Dunbar______
CHAIRPERSON
INDEX
|CASE ID |AR20060000694 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060817 |
|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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