RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060003726


      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:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David Tucker                  |     |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 branch of service on his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) be
changed from Signal Corps to Military Intelligence.

2.  The applicant states that an out-processing clerk at Fort Bragg, North
Carolina used white-out liquid on his DD Form 214.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 19 January 1973.  The application submitted in this case is dated 2
March 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 21 January 1971.  He
completed basic combat training at Fort Dix, New Jersey and was reassigned
to Fort Bragg, North Carolina for advanced individual training (AIT).

4.  His DA Form 20 (Enlisted Qualification Record) shows he was awarded
primary military occupational specialty (MOS) 74E (Computer Systems
Operator) on 1 July 1971.

5.  Headquarters Company, United States Continental Army Command
Intelligence Center, Fort Bragg, North Carolina Special Orders Number 145,
dated 8 August 1972 awarded the applicant secondary MOS 74F20 (Computer
Programmer).

6.  In an endorsement, dated 19 September 1972, the applicant was described
as being proficient and was being utilized as a COBOL [Common Business
Oriented Language] programmer.

7.  Headquarters, XVIII Airborne Corps and Fort Bragg Special Orders
Number 13, dated 18 January 1973, released the applicant from active duty
on 19 January 1973.  These orders indicate the applicant’s primary MOS was
74E.

8.  Item 4 (Department, Component and Branch or Class) on the applicant’s
DD Form 214 shows his branch as Signal Corps.

9.  Item 23a (Specialty Number and Title) on his DD Form 214 shows the
entry “74E20 COMP SYS OPER.”

10.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
version of this regulation, in effect at the time, directed that the
component and branch in which serving immediately prior to separation would
be entered in item 4 of the DD Form 214.

11.  Army Regulation 611-201 (Military Occupational Classification and
Structure) showed career management field occupational cluster “74” was
associated with the Signal Corps.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held and served in MOSs 74E and 74F as a computer systems
operator and computer programmer during his period of active duty service.


2.  There are no documents in the applicant’s personnel which indicate he
was assigned to the Military Intelligence Branch or performed duties in the
Military Intelligence Branch.  Therefore, there is insufficient evidence on
which to correct his DD Form 214 to show his branch as Military
Intelligence.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 January 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 January 1976.  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

WC______  JR______  DT______  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 Crain_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003726                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060921                                |
|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.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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