RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060012467 


	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.



	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 that his military occupational specialty (MOS) and title shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from 64B3O (Heavy Truck Driver) to 64B2O (Heavy Equipment Operator). 

2.  The applicant essentially states his MOS when he was discharged was 64B2O, but that his military records now show that his MOS was 64B3O. 

3.  The applicant provides his DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 11 August 1971, the date of his release from active duty.  The application submitted in this case is dated 16 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.  Item 23a (Specialty Number and Title) of the applicant’s DD Form 214 shows that his MOS and title were 64B3O (Heavy Truck Driver).  Item 32 (Signature of Person Being Transferred or Discharged) of this document shows that the applicant authenticated this document with his signature, attesting to the accuracy of the information contained on that form.  It was noted that there was a pencil entry in item 22 (Military Occupational Specialties) of the applicant’s 
DA Form 20 (Enlisted Qualification Record) which essentially shows that his MOS of 64B was converted to MOS 64C (Motor Transport Operator) in August 1971.

4.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in MOS 64A (Light Vehicle Driver) and MOS 64B (Heavy Vehicle Driver).  There is no evidence in the applicant’s military records which shows that he ever served as a Heavy Equipment Operator.
5.  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.  This 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his MOS and title shown on his DD Form 214 should be changed from 64B3O (Heavy Truck Driver) to 64B2O (Heavy Equipment Operator). 

2.  There is no evidence in the applicant’s military records which shows that he ever served as a Heavy Equipment Operator.

3.  Evidence of record shows that the applicant authenticated his DD Form 214 with his signature at the time of his release from active duty, attesting to the accuracy of the information contained on that document.  This document shows that the applicant’s MOS at the time of his release from active duty was 64B3O, and that his title was Heavy Truck Driver.  Absent evidence which conclusively shows that the applicant was awarded a different MOS for a Heavy Equipment Operator, regularity must be presumed in this case.

4.  It was noted that his DA Form 20 contained a pencil entry which essentially shows that his MOS of 64B was converted to MOS 64C (Motor Transport Operator) in August 1971.  However, as the applicant did not request that his 
DD Form 214 be corrected to show this MOS and title, no action will be taken at this time.  If the applicant wishes to have the MOS and title of 64C (Motor Transport Operator), which appears to be his actual MOS and title at the time he was released from active duty, placed on his DD Form 214, he may reapply within 1 year of the Board’s decision in this case and request a change to his MOS and title on his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 August 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 August 1974.  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____  ___DH __  ___JH___  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
AR20060012467
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
100.0500.0000
2.

3.

4.

5.

6.