RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 OCTOBER 2006
      DOCKET NUMBER:  AR20060001797


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland 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 his DA Form 20 (Enlisted Qualification Record)
be changed to show “gun shot wound” instead of “fragment abdomen.”
Additionally, he requests that his Military Occupational Specialty (MOS) of
71B20 be included on his DD Form 214 (Certificate of Release or Discharge
from Active Duty).

2.  The applicant states, in effect, that gun shot wound was reported at
the time of his injury.  However, based upon the fact that his medical
records were destroyed by fire and his records show fragmentation instead
of gun shot, his quality of life in regards to Veterans Affairs has been
minimized.  The applicant concludes that he is unable to send records due
to incarceration.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 July 1968.  The application submitted in this case is
dated          25 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’s records show he enlisted into the Regular Army on
           11 January 1965.  He was trained and awarded MOS 310 (Field
Communications Crewman).  He was discharged on 24 July 1968 with an Under
Conditions Other Than Honorable Discharge which was upgraded to an Under
Honorable Conditions Discharge.

4.  The applicant’s original DD Form 214, dated 24 July 1968, lists his
primary MOS of 11B in item 23a.  However, the upgraded version, which was
issued in July 1981, lists his Primary MOS in item 11 and indicates that
any additional specialty numbers and titles involving periods of one or
more years could also be added.

5.  The applicant’s DA Form 20 lists the effective date, duty MOS and
principle duty title in item 38 of his DA Form 20.  This form shows that
the applicant performed the duties of a 94B (Food Service Specialist), 71A
(Clerk), 71B (Clerk Typist), 11B (Light Weapons Infantryman), and 57A (Duty
Soldier) during his service in the military.  Additionally, this form
verifies that the applicant was assigned to these specialties for less than
six months and received “unsatisfactory” efficiency ratings as a cook,
clerk typist, and as an infantryman.

6.  The applicant’s DA Form 20 also shows “Frag Abdomen, 28 June 1967” in
item 40 “Wounds.”

7.  Army Regulation 640-2-1 establishes the policies and provisions for the
maintenance of Army military personnel files.  The DA Form 20 used during
the former service member’s period of military service, and subsequently
replaced by the DA Form 2-1 (personnel qualification record), are
management tools used by military commanders and personnel managers to
effectively manage a Soldier’s career.  The forms are not intended to be a
historical record of a Soldier’s career nor intended for use outside, or
beyond, an individual’s military service.

8.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, to enter the
primary MOS code number, title, and date of award in item 23.

9.  The same regulation, current version, states, in pertinent part, to
enter the titles of all MOS or additional MOS served for at least 1 year
and include for each MOS and additional MOS the number of years and months
served.  For time determination, 16 days or more count as a month.  Do not
count basic training and advanced individual training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20, while a permanent part of an individual's
official records, was never intended to be a detailed historical record of
a Soldier's career, nor was the form intended for use outside, or beyond an
individual's military service.  Therefore, there is no basis to correct
this form.

2.  Evidence of record verifies that the applicant performed duties as a
71B (Clerk Typist) during his military career.  However, there is no
evidence, and he did not provide any, to show that he performed duties as a
clerk typist for more than one year to qualify for entry on his DD Form
214.  In view of this fact, there is no basis for correction of his
separation document.

3.  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 that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on          23 July 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

___JM  __  ___PF __  ___RH __  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.




                                  ______ John Meixell_______
                                            CHAIRPERSON

INDEX

|CASE ID                 |AR20060001797                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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