RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060000799


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his military
occupational specialty (MOS) as 76P (Stock Control and Accounting
Specialist) not 63C (Wheel Vehicle Mechanic).

2.  The applicant states that he was not a wheel vehicle mechanic but that
was the only available slot open when he was promoted.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 September 1968.  The application submitted in this case
is dated 9 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 entered active duty on 9 September 1965.  He served
honorably and was released from active duty on 6 September 1968 with
2 years, 11 months, and 28 days of creditable service including 11 months
and 20 days of service in Vietnam.

4.  Item 23a (Specialty Number and Title) of his DD Form 214 shows "63C20
Wheel Vehicle Mechanic."

5.  On 24 July 1968 Headquarters, 5th Infantry Division Special Orders
Number 206 promoted the applicant to specialist five and withdrew his
primary MOS 64A10 and awarded the primary MOS 63B20.



6.  His DA Form 20 (Enlisted Qualification Record) indicates the following
at:

      a.   item 22 (Military Occupational Specialties), award of the MOS
64A10 (Light Vehicle Driver) on 7 January 1966, 76P20 Stock Control and
Accounting Specialist) on 26 January 1968, 63C40 (General Vehicle
Repairman) on 24 May 1968, and 63C20 (Wheel Vehicle Mechanic) on 27 June
1968.  The last entry is marked as his primary MOS.


      b.  item 27 (Military Education), completion of the Light Vehicle
Driver (64A) course in 1966 and the Stock Control and Accounting Specialist
(76P) course in 1968;


      c.  item 33 (Appointments and Reductions), promotion to specialist
five
(E-5) on 27 June 1968; and

      d.  item 38 (Principal Duty Assignments), shows he was assigned duty
in MOS 76P for the period 1 December 1967 through 31 January 1968 and in
64A from 1 February 1968 through his date of discharge.


7.  Other than the documents listed above, the record contains no
additional information related to the redesignation of the applicant’s MOS.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents),
in effect, indicates the required entry in item 23a is the primary MOS the
Soldier was awarded and was serving in at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in several military occupational specialties and
was formally trained in both Light Vehicle Driver (64A) and Stock Control
and Accounting Specialist (76P).

2.  The preponderance of evidence indicates the applicant was properly
assigned and serving as a Wheel Vehicle Mechanic (MOS 63C) at the time of
separation.  Although he had served longer in MOS 76P, item 23a of the DD
Form 214 is correct.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 5 September 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

__ JCR__  _WDP___  __KSJ___  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                 |AR20060000799                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |   . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | DENY                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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