RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20060001446


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcelli               |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show he served as a
helicopter gunner.

2.  The applicant states he was a gunner and did not perform medical
duties.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 September 1968.  The application submitted in this case is
dated 23 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 into the Army on 23 September 1966.  He
completed basic combat training and advanced individual training.

4.  Headquarters, General Leonard Wood Army Hospital, Special Orders
Number 37 dated 2 March 1967 awarded the applicant primary military
occupational specialty (PMOS) 91A (Medical Corpsman).

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
awarded PMOS 91B (Medical Specialist) on 29 May 1967.

6.  Medical Company, General Leonard Wood Army Hospital Unit Orders Number
69 dated 23 October 1967 promoted the applicant to specialist four in MOS
91B.

7.  The applicant’s DA Form 20 shows he was assigned to Headquarters and
Headquarters Detachment, 25th Aviation Battalion, 25th Infantry Division in
Vietnam in January 1968 in duty MOS 91B as a medical specialist.
8.  The applicant’s personnel records contain a form dated 15 February 1968
which recommended that he be placed on flying status effective 15 February
1968 until further disposition.  The form identified the applicant as a
“shotgunner” medic.  The flight surgeon indicated that this form should be
kept in the applicant’s flight records and, from a medical standpoint, the
applicant could perform flying duties as long as this form was not replaced
by a document specifying suspension from flying status.

9.  Headquarters, 25th Infantry Division Special Orders Number 117 dated
26 April 1968 assigned the applicant hazardous duty as a non-crewmember
effective 15 February 1968.  His MOS is shown as 91B on the standard name
line.

10.  The applicant departed Vietnam in June 1968 and was reassigned to Fort
Leonard Wood, Missouri.  His reassignment orders show his MOS as 91B.

11.  Headquarters, U.S. Army Training Center and Fort Leonard Wood Special
Orders Number 261 dated 17 September 1968 released the applicant from
active duty on 20 September 1968.  His separation orders show his MOS as
91B.

12.  Item 23a (Specialty Number and Title) on the applicant's DD Form 214
shows the entry “91B20 MED SP.”

13.  Regulation 635-5 (Separation Documents) governs the preparation of the
DD Form 214.  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.  In pertinent part, it directs that the primary
MOS code number and title will be entered in item 23a on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant completed training in MOS 91A and was
awarded PMOS 91A.  He was later awarded PMOS 91B as a medical specialist.

2.  The applicant’s Enlisted Qualification Record shows he held PMOS 91B as
a medical specialist in Vietnam.

3.  The applicant contends that he was a gunner and did not perform medical
duties.  His service records do contain a disposition which identified him
as a “shotgunner” medic and it was recommended that he be placed on flying
status. However, there is no evidence of record which shows he w as later
reclassified into a PMOS as a helicopter gunner.
4.  The applicant was released from active duty on 20 September 1968.  At
that time, his DD Form 214 was properly prepared to reflect his PMOS as
91B.  The entry in item 23a was meant to indicate what MOS he held at the
time of his separation, not the MOS(s) in which he performed duties.
Therefore, there is insufficient evidence as a basis to correct his DD Form
214 to show he held a PMOS as a helicopter gunner.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 September 1968.  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

MP______  MF______  GP______  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.




                                  Margaret Patterson____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001446                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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