RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 May 2007
      DOCKET NUMBER:  AR20060016667


      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      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |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:

1.  The applicant requests, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
his specialty as 11B (Light Weapons Infantryman).

2.  The applicant states his DD Form 214 erroneously shows his specialty as
71B30 (Clerk Typist).  He was in the infantry while in Vietnam.  His DD
Form   214 shows he has the Combat Infantryman Badge.  When he came back
from Vietnam he went to Fort Benjamin Harrison, IN, and they did not have
an infantry unit.  Then he went to Fort Sheridan, IL, and that is where he
got the secondary MOS of clerk typist.

3.  The applicant provides copies of eight photographs of himself with
fellow Soldiers in Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 June 1970.  The application submitted in this case is dated
21 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 applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 11 June 1968.  He completed
basic combat training and advanced individual training and was awarded MOS
11B.  He served in Vietnam from on or about 30 November 1968 to on or about
10 September 1969 as a rifleman and automatic rifleman.  He was awarded the
Combat Infantryman Badge.

4.  The applicant was assigned to Fort Sheridan, IL, on a compassionate
reassignment.

5.  Headquarters, Fifth United States Army Special Orders Number 11, dated
  16 January 1970, withdrew the applicant’s primary MOS of 11B10 and
awarded him primary MOS 71B30 and secondary MOS 11B20.
6.  The applicant was honorably released from active duty on 10 June 1970.
Item 23a (Specialty Number and Title) of his DD Form 214 contains the entry
“71B30 Clerk Typist.”

7.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  It provides a brief, clear-cut record of
active Army service at the time of release from active duty, retirement or
discharge.  The instructions for completing item 23a in effect at the time
were to enter the primary MOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant was originally awarded primary
MOS 11B and served in Vietnam as an 11B, earning the Combat Infantryman
Badge.

2.  However, the evidence of record shows that the applicant’s primary MOS
of 11B was withdrawn and awarded as a secondary MOS, with MOS 71B awarded
as his primary MOS, on orders dated 16 January 1970.  The evidence of
record shows MOS 71B30, not MOS 11B, was his primary MOS at the time of his
separation.  Therefore, item 23a of his DD Form 214 correctly shows his
specialty as 71B30.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 June 1973.  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

__ena___  __au____  __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.




                                  __Eric N. Andersen____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016667                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070517                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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