RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060006215


      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             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. Faught               |     |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 occupational
specialty (MOS) be changed from a cook to recon and combat truck driver
while in Vietnam.

2.  The applicant states, in effect, that he only served six months in the
Republic of Vietnam as a 94B2O (Cook).  He states that for the remainder of
his tour he served as a “truck driver and recon.”  Also, he states that he
is now suffering from Post Traumatic Stress Disorder (PTSD) and if his MOS
is changed, he could get a fair and just review for compensation.  He
states that if his MOS is changed he can be treated for service connected
disability.

3.  He further states he never received his awards or medals.

4. The applicant does not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 July 1970, the date he was released from active duty.  The
application submitted in this case is dated 2 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's records show that he entered active duty on 24 April
1967.  He completed basic combat training and advanced individual training
and was awarded the MOS 94B1O.  He served in the Republic of Vietnam during
the period 26 October 1967 to 10 October 1968.  His DA Form 20 (Enlisted
Qualification Record) shows he served as a cook with Headquarters and
Headquarters Company, 589th Engineer Battalion.






4.  Item 23a (Specialty Number or Title) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) shows
his specialty as 94B2O (Cook).

5.  On 16 July 1970, the applicant was honorably released from active duty.
 He had served 3 years, 2 months, and 2 days of active service.

6.  Army Regulation 635-5 (Separation Documents) established the
standardized policy for preparing and distributing the DD Form 214.  The
regulation provides, in pertinent part, that the primary military
occupational specialty (PMOS) and all additional MOS’ served in for a
period of one year or more, during the Soldier’s continuous active military
service will be entered in item 23a (Specialty Number & Title).

7.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

8.  Medal sets for approved awards can be requested through the Defense
Supply Center Philadelphia, 700 Robbins Avenue, Post Office Box  
57997, Philadelphia, PA 19111-7997.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his MOS needs be changed so that he may
receive a fair and just review for compensation and service connected
disability.

2.  The applicant has not provided any evidence to show that he was
retrained and served for one year in an MOS other than his primary MOS
94B2O.

3.  The applicant's statement is noted, however, it is not sufficient to
mitigate a grant of relief in this case.  In addition, there is no evidence
in the applicant's records that show he served in the Republic of Vietnam
as a truck driver, or as an Infantryman.  Therefore, he is not entitled to
correction of his MOS.

4.  The Board must review a case with a presumption of regularity, that
what the Army did was correct.  It is up to the applicant to prove
otherwise.  The applicant’s specialty is listed on his DD Form 214 as a
94B2O, which is a cook.  The applicant has not submitted any documentation
to show that this entry was made in error.  As such, the applicant has not
overcome the presumption of regularity.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
15 July 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

___jea___  ___jlp___  ___swf__  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.




                                  _________James E. Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006215                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070109                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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