RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 May 2007
DOCKET NUMBER: AR20060015287
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. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Mr. Michael J. Flynn
Member
Mr. Rose M. Lys
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 listed as a supply supervisor and KP (Kitchen Police) supervisor.
2. The applicant states, in effect, that he is listed as a cook on his DD Form 214 and he was in charge of supply and supervising KPs.
3. The applicant provides a copy of his DD Form 214 in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 6 July 1967, the date of his release from active duty. The application submitted in this case is dated 18 August 2007 (sic) but was received for processing on 1 November 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 applicants failure to timely file.
3. The applicant's record shows he was inducted into the Army of the United States on 22 July 1965. The applicant successfully completed basic combat training at Fort Jackson, South Carolina, and advanced individual training at Fort Knox, Kentucky. On completion of his advanced training, he was awarded the military occupational specialty (MOS), 94B, Cook.
4. The applicant was promoted to the rank and pay grade of (SP5/E-5) on 26 December 1966. He served until he was released from active duty on 6 July 1967. He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training). He continued to serve in the USAR until he was honorably discharged on 21 July 1971, in the rank of SP5, in MOS 94B20.
5. Item 38 (Record of Assignments), of the applicant's DA Form 20 (Enlisted Qualification Record), shows his principal duties to be those of a cook and first cook, in MOS, 94B20, from 18 December 1965 to 4 July 1967.
6. Item 23a (Specialty Number & Title), of the applicant's DD Form 214, shows the entry "94B20 Cook." There are no orders in the applicant's service personnel records to show the applicant was reclassified to a supply MOS or performed the duties of a KP supervisor.
7. 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 shows that the applicant enlisted as a 94B/Cook, that his principle duties were those of a cook, and that he served as cook from 18 December 1965 to 4 July 1967. There are no orders in his service personnel records to show that he was reclassified to a supply MOS or performed the duties of a KP supervisor. Therefore, item 23a (Primary Specialty Number and Title), of his DD Form 214, is correct as currently constituted.
2. 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.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 July 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 July 1970. 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
_MJF____ __RML__ __RTD__ 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.
_____Richard T. Dunbar______
CHAIRPERSON
INDEX
CASE ID
AR20060015287
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070503
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670706
DISCHARGE AUTHORITY
AR 635-200, chap 5
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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