RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060008514


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 item 23a (Specialty Number and
Title), of his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge), be corrected to show that he was awarded the MOS
(military occupational specialty) of 95B.  He completed OJT (on-the-job
training) in 1971 until his discharge.  He was a patrol supervisor after
6 months while assigned to the 401st Military Police Company, Headquarters,
5th Army, Fort, Hood, Texas.

2.  The applicant states, in effect, that he earned the MOS of 95B and that
his  DD Form 214 should be corrected to show that he was a military
policeman.  He has an opportunity to be a Reserve officer in his community;
however, he needs proof that he served as a military policeman.

3.  The applicant provides no additional documentation in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 28 September 1973, the date of his discharge.  The application
submitted in this case is dated 5 June 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 record shows he enlisted in the U. S. Army Reserve
(USAR) Delayed Entry Program (DEP) on 12 August 1968.  He enlisted in the
Regular Army on 4 September 1968.  The applicant successfully completed
basic combat training at Fort Polk, Louisiana, and advanced individual
training at Aberdeen Proving Ground, Maryland.  On completion of his
advanced individual training, he was awarded the military occupational
specialty (MOS) 44C, Welder.  He was advanced to pay grade E-4 on
13 January 1970.



4.  The applicant continued to serve until he was honorably discharged on
8 September 1970, in pay grade E-4, for immediate reenlistment.

5.  Item 23a, of his DD Form 214, shows the entry, "44C2O Welder."

6.  The applicant reenlisted on 9 September 1970, in MOS 44C.

7.  The applicant was awarded the PMOS (primary MOS) of 11B4O, effective
9 June 1971.

8.  The applicant's records show he serve in DMOS (duty MOS) 95B4O from
November 1971 to November 1972, as an assistant squad leader, and from
December 1972 to June 1973, as a senior military policeman, while assigned
to the 401st MP Company, Fort Hood, Texas.

9.  The applicant's records contain a copy of a Enlisted Evaluation Data
Report, dated 17 April 1973, which shows that he was MOS-tested in MOS
11B4O.  On 18 April 1973, the commander recommended that he be retained in
his PMOS of 11B4O.  The commander indicated that he was performing duties
as a 95B4O, military policeman, and had not performed in MOS 11B4O since
July 1971.  The commander also indicated that he was performing only
marginally in his SMOS of 95B4O.  He recommended that he be reassigned in
his PMOS of 11B4O, in order to assist him in verifying his PMOS of 11B4O.

10.  The applicant was awarded the SMOS of 95B on an unknown date.  His
SMOS of 95B4O was withdrawn effective 23 April 1973.

11.  The applicant continued to serve until he was honorably discharged on
28 September 1973, under the provisions of Army Regulation 635-40,
paragraph 5-8e(3), for physical disability, in pay grade E-5, in MOS 11B4O.

12.  Item 23a, of his DD Form 214, shows the entry, "11B4O Light Weapons
Infantry."

13.  Item 38 (Record of Assignment), of his DA Form 20 (Enlisted
Qualification Record), shows he served as a military policeman, in MOS
95B4O, from 11 August 1971 to 9 July 1973.

14.  Army Regulation 635-5, in effect at the time, established the
standardized policy for preparing and distributing the DD Form 214.  It
provided, in pertinent part, that the soldier's primary specialty number
and title would be entered in item 23a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that he enlisted as a 44C/Welder and was
later awarded the MOS 11B/light weapons infantryman during his second
enlistment.  The evidence also shows that he served in DMOS 95B4O as an
assistant squad leader and senior military policeman, while assigned to the
401st MP Company, Fort Hood.

2.  The applicant was awarded the SMOS of 95B4O on an unknown date.  His
SMOS of 95B4O was withdrawn effective 23 April 1973.  He was performing
only marginally as a 95B4O.  There is no reason to reinstate the MOS of
95B4O, or to add it to his DD Form 214.  Therefore, item 23a (Primary
Specialty Number and Title), of his DD Form 214, is correct as currently
constituted.

3.  In order to justify correction of a military record, the applicant must
show, to the satisfaction of the Board, or it must otherwise appear, that
the record is in error or unjust.  The applicant has failed to submit
evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 September 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 September 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

_BPI____  ___RDG_  _EM_____  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.




                                  ___Bernard P. Ingold_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008514                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19730928                                |
|DISCHARGE AUTHORITY     |AR  635-40. . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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