RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060005880


      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. Melinda Darby                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 records be
corrected to show military occupational specialty (MOS) 11B (gunner)
instead of MOS 94B (cook).

2.  The applicant states that he was a cook for 30 days and then his
commanding officer requested him to be his gunner.  He contends that he was
a gunner until he got out of the Army.  He also states that he needs his
MOS changed so he can be treated for Post Traumatic Stress Disorder (PTSD)
because they say a cook could not get PTSD in the service.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 March 1970.  The application submitted in this case is dated
18 April 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 2 April 1968.  His DA Form 20 (Enlisted
Qualification Record) shows he was awarded MOS 94B effective 30 August
1968.  His records show he served as a cook in Vietnam from 3 July 1969
through 20 March 1970.  On 20 March 1970, the applicant was released from
active duty.

4.  Item 23a on the applicant’s DD Form 214 shows the entry, “94B20 COOK.”

5.  Records show that on three separate occasions (13 September 1969,
14 November 1969, and on 14 January 1970), while the applicant was serving
in Vietnam, his commander recommended him for promotion to specialist five
in MOS 94B20.  An Enlisted Efficiency Report (EER), dated 14 January 1970,
was part of the last promotion packet.  That EER indicated that the
applicant’s indorser served in that position for the past 6 months.  The
indorser commented, “(The applicant) is assigned to the Mess Hall section
of our unit as a first cook.  During the time (the applicant) has been
under my command he has carried out his duties in an outstanding manner.
(The applicant) has performed the duties of first cook with a minimum of
supervision.”

6.  There is no evidence of record which shows the applicant was awarded
MOS 11B.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded MOS 94B and that he
served in this MOS during the period 3 July 1969 through 20 March 1970.
There is no evidence of record which shows he served in MOS 11B.
Therefore, there is insufficient evidence on which to amend his military
records to show that he was awarded or held MOS 11B.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 20 March 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 19 March 1973.
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

MD_____  ___JR__  _RG_____  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.




                                  __Melinda Darby_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005880                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|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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