RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060001101


      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:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. David Haasenritter            |     |Member               |
|     |Mr. Jonathan Rost                 |     |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 his military occupational
specialty (MOS) be corrected on his DD Form 214 (Certificate of Release or
Discharge from Active Duty) to show 95B (military policeman).

2.  The applicant states, in effect, that his MOS was 95B for three years
until he was honorably discharged from the U.S. Army Reserve (USAR).  He
contends that this MOS was never entered in to the system.

3.  The applicant provides a letter, dated 17 December 2004, from the
National Personnel Records Center in St., Louis, Missouri; a copy of a DD
Form 214 for the period ending 29 January 1993); a diploma, dated 14 August
1998, for the 95B Phase II Military Police School; an Honorable Discharge
Certificate from the USAR; two DA Forms 1059 (Service School Academic
Evaluation Report); orders, dated 29 July 1998; and orders, dated 18
February 1997.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 January 1993.  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 was ordered to active duty on 23 September 1992 for
training in MOS 76X (subsistence supply specialist).  He was released from
active duty on 29 January 1993 and transferred to the USAR to complete his
remaining obligation.

4.  Item 11 (Primary Specialist) on the applicant’s DD Form 214 shows the
entry, “76X10 SUBSISTENCE SUPPLY SPECIALIST - 0 YRS - 0 MOS//NOTHING
FOLLOWS.”

5.  The applicant provided documentation which shows he was ordered to
active duty on 1 August 1998 to attend Phase II 95B10 School and that he
completed the 95B Phase II Military Police School in August 1998.

6.  The applicant was honorably discharged from the USAR on 13 June 2000.

7.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the
applicant's record of active Army service at the time of his separation
from active duty.  Since the applicant was awarded MOS 95B in 1998, five
years after his release from active duty, there is no basis for amending
his DD Form 214 to show this MOS.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 29 January 1993; therefore, the time for the
applicant to file a request for correction of any error expired on 28
January 1996.  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

SP_____  __DH____  _JR_____  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.




                                  __Susan Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001101                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|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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