RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060007587


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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, correction of his DD Form 214
(Certificate of Release or Discharge from Active Duty), with an effective
date of 15 February 1968, to show his military occupational specialty (MOS)
was 13A1O and that he served in Vietnam.

2.  The applicant states, in effect, that he was awarded primary MOS (PMOS)
13A1O (Field Artillery) at Fort Sill, Oklahoma in 1966.  He also states, in
effect, that he worked for 9 months in PMOS 13A1O and when he transferred
to the 173rd Airborne Brigade (Separate), his PMOS was changed to PMOS
94B2O (Cook).  The applicant further states, in effect, that his service in
Vietnam is not reflected on his DD Form 214.

3.  The applicant provides a copy of Dane County, Veterans Service Office,
Madison, Wisconsin, memorandum, dated 25 May 2006; Headquarters, U.S. Army
Training Center, Infantry, Fort Dix, New Jersey, Special Orders Number 98,
dated 8 April 1966; Headquarters, U.S. Army Training Center, Field
Artillery, Fort Sill, Oklahoma, Special Orders Number 104, dated 2 May
1966; Headquarters, U.S. Army Artillery and Missile Center, Fort Sill,
Oklahoma, Special Orders Number 145, dated 21 June 1966; and Headquarters,
The Student Brigade, U.S. Army Infantry School, Fort Benning, Georgia,
Assignment Memorandum Number 138, dated 15 July 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 February 1968, the date of his separation from active duty
for his initial period of military service.  The application submitted in
this case is dated 25 May 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 military service records show that he was inducted into
the U.S. Army for a period of 2 years on 16 February 1966.  Upon completion
of basic combat training and advanced individual training, the applicant
was awarded PMOS 13A1O (Field Artillery, Basic).  He was honorably
separated from the U.S. Army on 15 February 1968 after serving on active
duty for a total of 2 years.

4.  The applicant's military service records show that he later enlisted in
the Wisconsin Army National Guard (WIARNG) on 12 September 1980 and was
honorably separated on 31 August 1984.  On 11 August 1987 he enlisted in
the U.S. Army Reserve (USAR), was honorably separated on 23 March 1989, and
enlisted in the WIARNG on 24 March 1989.  On 24 August 1990, the applicant
was honorably separated from the WIARNG and transferred to the USAR.  On
31 January 1991, the applicant was ordered to active duty in support of
Operation Desert Shield/Storm, but was honorably relieved from active duty,
on
2 February 1991, due to not meeting procurement medical fitness standards.

5.  The Board notes that the applicant's military service in the reserve
component (outlined in paragraph 4, above) is not under review in this
instance.

6.  The applicant's military service records contain a copy of
Headquarters,
1st Cavalry Division (Airmobile) (Vietnam), Special Orders Number 113,
dated
23 April 1967, that shows, in pertinent part, MOS action was directed
pertaining to the applicant.  The orders show that the applicant's PMOS of
13A1O was withdrawn and he was awarded PMOS 94B2O.  The authority for the
MOS action was Army Regulation 600-200, paragraph 2-32d(4).

7.  The applicant's military service records contain a DA Form 20 (Enlisted
Qualification Record).  Item 22 (Military Occupational Specialties) shows
that the applicant was awarded MOS 13A1P (Field Artillery, Basic) on 1 July
1966.  This item also shows that this entry was lined-thru (i.e., deleted).
 Immediately below this lined-thru entry in Item 22 the document shows that
the applicant was awarded MOS 94B2P (Cook) as his PMOS on 23 April 1967.
In addition, Item
28 (Specialized Training) of the DA Form 20 shows, in pertinent part, that
the applicant completed Basic Airborne training on 5 August 1966.

8.  Item 31 (Foreign Service) of the DA Form 20 shows that the applicant
served in the Republic of Vietnam from 1 September 1966 through 29 August
1967.  Item 38 (Record of Assignments) of this document shows that, on 10
September 1966, the applicant was assigned to A Battery, 1st Battalion,
77th Artillery,
1st Cavalry Division (Airmobile) (Vietnam), with principal duty as a
cannoner (Duty MOS 13A1O).  On 14 October 1966, he was assigned to
Headquarters and Headquarters and Service Battery, 1st Battalion, 77th
Artillery, 1st Cavalry Division (Airmobile) (Vietnam), with principal duty
as a cook's helper (Duty MOS 94B2O).  On 9 February 1967, the applicant was
assigned to Headquarters Battery, 1st Battalion, 77th Field Artillery, 1st
Cavalry Division (Airmobile) (Vietnam), with principal duty as an
ammunition handler (Duty MOS 13A1O).  Then, on 4 June 1967, the applicant
was assigned to Company B, Medical Support Battalion, 173rd Airborne
Brigade (Separate) (Vietnam), with principal duty as a cook (Duty MOS
94B2P) and continued to serve in that Duty MOS until he redeployed to the
continental United States on 27 August 1967.  This item furthers shows
that, on 16 October 1967, the applicant was assigned to the
208th Military Police Company, U.S. Army Training Center, Fort Leonard
Wood, Missouri, with principal duty as a cook (Duty MOS 94B2O) and served
in that position until he was released from active duty on 15 February
1968.

9.  The applicant's military service records contain a copy of his DD Form
214, with an effective date of 15 February 1968.  Item 22 (Statement of
Service), Block c (Foreign and/or Sea Service), of this document contains
the entry "USARV" (i.e., U.S. Army, Vietnam) and shows that the applicant
completed
11 months and 29 days of foreign service during the period of service under
review.  Item 23a (Specialty Number & Title) of the DD Form 214 contains
the entry "94B2P COOK."

10.  In support of his application, the applicant provides a copy of
Headquarters, U.S. Army Training Center, Infantry, Fort Dix, New Jersey,
Special Orders Number 98, dated 8 April 1966, that shows, in pertinent
part, he was assigned to the U.S. Army Training Center, Field Artillery,
Fort Sill, Oklahoma, on 7 May 1966, for training in MOS 13A1O.  He also
provides a copy of Headquarters, U.S. Army Training Center, Field
Artillery, Fort Sill, Oklahoma, Special Orders Number 104, dated 2 May
1966, that shows, in pertinent part, he was assigned to Battery D, 1st
Training Battalion, U.S. Army Training Center, Field Artillery, Fort Sill,
Oklahoma on 7 May 1966.  Headquarters, U.S. Army Artillery and Missile
Center, Fort Sill, Oklahoma, Special Orders Number 145, dated 21 June 1966,
that the applicant provides shows, in pertinent part, he was relieved from
Battery D,
1st Training Battalion, U.S. Army Training Center, Field Artillery, Fort
Sill, Oklahoma on 30 June 1966.  In addition, he provides a copy of
Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning,
Georgia, Assignment Memorandum Number 138, dated 15 July 1966, that shows,
in pertinent part, the applicant was reassigned to the 48th Company, 4th
Student Battalion (Airborne), Fort Benning, Georgia, on 16 July 1966, and
that he held MOS 13A1O.

11.  Army Regulation 600-200 (Enlisted Personnel Management System),
paragraph 2-32d (Redesignation of primary MOS), in effect at the time of
the applicant's appointment to the grade of SP4/E-4, provides, in pertinent
part, that redesignation of the PMOS is mandatory upon appointment to a
higher grade in a MOS other than the currently designated PMOS.  This
document also provides that, in such instances, the MOS in which the
appointment is made will be designated the PMOS.  Paragraph 2-33 (General
Provisions of SQI) provides, in pertinent part, that the special
qualification identifier (SQI) is the fifth character of the MOS code
(MOSC) which identifies special qualifications that a Soldier may possess
(such as parachutist "P" or linguist "L") and that the SQI is authorized
for use with any MOS, unless restricted by Army Regulation 611-201.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant's separation, prescribed the separation documents that were
required to be prepared and furnished to Soldiers upon separation from the
Army.  It also established standardized policy for preparing and
distributing the DD Form 214.  Section III of this Army regulation contains
guidance on the preparation of the
DD Form 214.  Paragraph 51 (Item 22c) of Section III provides, in pertinent
part, that for enlisted personnel, "Enter the total active duty outside
continental limits of the United States for the period covered by the DD
Form 214 and the last overseas theater in which service was performed,
e.g., "Foreign and/or Sea Service (USAREUR)."  The instructions for
completing Item 23a (Specialty Number & Title) state to enter the primary
MOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214, with an
effective date of 15 February 1968, should be corrected to show that his
PMOS was 13A (Field Artillery) and that he served in Vietnam.  However, he
provides insufficient evidence in support of his claim.

2.  The evidence of record shows that the applicant initially entered
active duty on 16 February 1966, completed Advanced Individual Training for
MOS 13A, completed Basic Airborne training qualifying him for award of SQI
"P" as the fifth character of the MOSC, and that he was awarded MOSC 13A1P
as his PMOS.  The evidence of record also shows that, after his appointment
to the grade of
SP4 (E-4) in April 1967, the applicant's PMOS was redesignated and, in
accordance with the Army regulatory guidance in effect at the time, PMOS
13A1O was withdrawn and he was awarded PMOS 94B2O.  The evidence of record
further shows, in pertinent part, that MOS 94B2P (Cook) is entered in Item
23a of his DD Form 214, with an effective date of 15 February 1968, which
accurately represents the applicant's specialty code and title.  Therefore,
the applicant is not entitled to correction of Item 23a of the DD Form 214.

3.  The evidence of record confirms that the applicant completed 11 months
and 29 days of overseas service while serving in the Republic of Vietnam;
specifically, U.S. Army, Vietnam (USARV).  Moreover, the evidence of record
shows that this overseas service is documented in Item 22 (Statement of
Service), Block c (Foreign and/or Sea Service) of the applicant's DD Form
214, with an effective date of 15 February 1968.  Therefore, the applicant
is not entitled to correction of the DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 February 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
14 February 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

___JS___  ___LE  __  ___MJF _  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 Slone____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007587                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680215                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 2, Section VI       |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500.0000                           |
|2.                      |100.0000.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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