RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060002070


      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. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin 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 that his military records be corrected to show
military occupational specialty (MOS) 91A10 (medical corpsman) instead of
MOS 71G20 (medical records specialist) or 91B20 (medical specialist).

2.  The applicant states, in effect, that he trained as a combat medical
corpsman and that he served in that MOS (91A10), not in MOS 71G20 or MOS
91B20.  He contends that his DD Form 214 (Report of Transfer or Discharge)
and military records show his MOS as 91B20; however, his DA Form 20
(Enlisted Qualification Record) does not show this MOS as a duty MOS.

3.  The applicant provides a copy of his DD Form 214; page 3 of his DA Form
20; and a training certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 November 1968.  The application submitted in this case is
dated 10 February 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 20 April 1967.  He successfully completed
basic combat training and advanced individual training in MOS 91A10.  Item
22 (Military Occupational Specialties) on his DA Form 20 shows he was
awarded MOS 91A10 effective 13 October 1967.

4.  Orders show the applicant was promoted to the temporary rank of
specialist four in MOS 91B20 effective 8 March 1968.  Item 22 on his DA
Form 20 shows his primary MOS was 91B20 effective 8 March 1968.

5.  DA Form 1049 (Personnel Action), dated 16 March 1968, shows the
applicant requested that his primary MOS be changed from 91A10 to MOS
71G20.  He stated that he had a physical profile which did not permit him
to work in his primary MOS of 91A10.  He also stated that he had been
working as a medical records clerk for four months.  On 19 March 1968, the
applicant’s request was partially approved.  Since his command was not
authorized the requested MOS, he was awarded secondary MOS 71G20 effective
21 March 1968.  Item 22 on his DA Form 20 shows his secondary MOS was 71G20
effective 21 March 1968.

6.  Item 23a (Specialty Number & Title) on the applicant’s DD Form 214
shows the entry, “91B20 MEDICAL CORPSMAN.”

7.  The applicant’s DA Form 20 shows his duty MOS was 91A10 during the
period 7 August 1967 to 26 May 1968.  This form also shows his duty MOS was
71G20 from 27 May 1968 until he was released from active duty.

8.  Army Regulation 635-5 (Separation Documents) established the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time provided, in pertinent part, that the
primary MOS code number and title would be entered in item 23a on the DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant’s contention that
he did not serve in MOS 71G20 or MOS 91B20.  Evidence of record shows, per
the applicant’s request, that he was awarded secondary MOS 71G20 in March
1968. He also indicated that he had served as a medical records clerk for
four months prior to his request to change his primary MOS to 71G20.
Evidence of record also shows the applicant was promoted to specialist four
in primary MOS 91B20 in March 1968.

2.  The applicant’s primary MOS was 91B20 at the time of his release from
active duty and this primary MOS is properly reflected on his DD Form 214
and on his DA Form 20.  Therefore, there is no basis for granting the
applicant’s request.

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

WP_____  _JR____  _KJ_____  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 Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002070                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|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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