RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2007
      DOCKET NUMBER:  AR20060011944


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Rodney E. Barber              |     |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:

The applicant requests in effect, that the MOS (Military Occupational
Specialty) 13B (Field Artillery Crewman) be added to his DD form 214
(Certificate of Release or Discharge From Active Duty).

2.  The applicant states, in effect, that he served in the Republic of
Vietnam as a Field Artillery Crewman in MOS 13B and that he would like it
added to his separation document in additional to the other MOS’ he held.

3.  The applicant provides copies of his DD Forms 214, copies of his DA
Form 24 (Service Record), and a copy of pages 3 and 4 (Record of
Assignments) of his DA Form 20 (Enlisted Personnel Record) in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 April 1983.  The application submitted in this case is
dated
10 August 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.  On 7 February 1963, the applicant was inducted into the Army and
entered active duty for two years.  He was awarded the military
occupational specialty (MOS) Heavy and Very Heavy Field Artillery Crewman
(142.60) (currently known as Field Artillery Crewman, 13B).  The highest
rank he attained while serving on this active duty tour was Corporal (CPL).

4.  The applicant’s DA Form 24 shows, in Section 2 (Chronological Record of
Military Service) that he served in MOS 13B as an assistant gunner in the
United States Army Europe (USAREUR).  Item 38 (Record of Assignments) of
his DA Form 20 further shows that he subsequently performed in MOS 13B
(Section Chief) in other units of assignments.

5.  Special Orders Number 243, Headquarters, 7th Battalion, 15th Field
Artillery, APO San Francisco, dated 31 August 1971, awarded the applicant
the secondary MOS 71L (Administrative Assistant).

6.  Item 20 (Military Education) of the applicant’s DA Form 20 shows that
the applicant was assigned to Fort Benjamin Harrison, Indiana for the
purpose of attending a service school and upon completion was awarded MOS
71D (Legal Clerk) as his primary MOS on 28 February 1974.  Item 38 show
that he was assigned to the Headquarters and Headquarters Company, 24th
Engineer Group (USAREUR).  During this assignment, he was performing duties
in MOS 71D (Legal Clerk).

7.  Extracts of Orders Number 22, Headquarters, Department of the Army,
Washington, DC, dated 2 August 1976, show that the applicant was promoted
to Sergeant First Class and awarded primary MOS 75Z (Personnel Sergeant)
and that he served in that MOS until he retired from active duty.

8.  On 30 April 1983, the applicant retired after completing 20 years and
20 days of active military service.  The DD Form 214 he was issued at the
time lists 75Z (Personnel Sergeant), 71D (Legal Clerk), and 71L
(Administrative Specialist) as the MOS’ he held while on active duty.

9.  Item 4 (Assignment Considerations) of the applicant’s DA Form 20,
states
”No assign involving habitual or frequent exposure to loud noises or firing
of weapons.  Not to include firing for POR qualification.”

10.  Army Regulation 600-200 provides, in pertinent part, that a Soldier
who can perform duties required of any 3-character MOS may be awarded that
MOS.  However, he or she must be qualified in accordance with the
specifications and qualifications required for a particular MOS.  A new MOS
will be awarded on qualification in any MOS (including prior military
service), successful completion of MOS producing training, successful
completion of on-the-job training for not less than 60 days, change in MOS
structure, identifying civilian acquired skills having a direct MOS
counterpart, and withdrawal of a PMOS.

11.  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) will be entered in item 11.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the MOS 13B, Field Artillery Crewman
should be added to his DD Form 214 was carefully considered.  However, the
evidence of record clearly shows that official orders reclassified him and
directed the applicant’s primary MOS to be changed from 13B to 71D and
finally 75Z as a result of service school attendance and promotion, likely
as a result of his physical profile which restricted him from performing
many of the functions required of a 13B.  Therefore, it is clear that on
the day he separated from the Army his primary MOS was primary 75Z, his
secondary MOS was 71D, and his additional MOS was 71L.  Therefore, his
separation document properly reflects these MOS’.

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

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1983; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
29 April 1986.  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

___MKP _  ___LWR_  ___REB _  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.




                                  ___Margaret K. Patterson___
                                            CHAIRPERSON







                                    INDEX

|CASE ID                 |AR20060011944                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/15                              |
|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. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]