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ARMY | BCMR | CY2007 | 20070004379C071029
Original file (20070004379C071029.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2007
      DOCKET NUMBER:  AR20070004379


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 read military occupational specialty
(MOS) 44C20 (Welder).

2.  The applicant states his DD Form 214 has his MOS as 43K20 (Canvas
Repairman).  He had no schooling in canvas repair when he was sent to
Germany.  They gave him on-the-job training (OJT) as a welder.

3.  The applicant provides his DD Form 214 and the front page of a Standard
Form (SF) 88 (Report of Medical Examination).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army on 9 February 1971.  He
completed basic combat training.

3.  Headquarters, U. S. Army School/Training Center, Fort McClellan, AL
letter, subject:  Change of Training MOS, dated 11 May 1971, stated the
applicant’s training was changed from 43A10 to 43K20 due to a loss of OJT
capability in MOS 43A10.

4.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted
Qualification Record) shows he OJTd in MOS 43K20 from 30 April 1971 through
on or about 12 July 197[1].  Item 22 (Military Occupational Specialties) of
his DA Form 20 shows he was awarded MOS 43K on 6 July 1971.

5.  The applicant arrived in Germany on or about 30 August 1971.  Item 38
of his DA Form 20 shows he performed duties in MOS 43K20, canvas repairman,
throughout his assignment in Germany.  The applicant last reviewed his DA
Form 20 on or about 20 October 1971.

6.  The applicant was promoted to Specialist Four, E-4 on 7 December 1971.
The standard name line in the orders shows his MOS as 43K20, and he was
promoted in MOS 43K20.

7.  The applicant completed a separation physical examination on 27
September 1972.  Item 17 (Rating or Specialty) of his SF 88 shows his MOS
as 44C20 Welder.

8.  The standard name line in the applicant’s 13 November 1972 separation
orders show his MOS as 43K20.

9.  On 13 November 1972, the applicant was honorably released from active
duty.  Item 23a of his DD Form 214 shows his MOS as 43K20.

DISCUSSION AND CONCLUSIONS:

The applicant’s contentions and the SF 88 he provided have been considered.
 However, there is no other evidence of record to show the applicant was
ever awarded or performed duties as a 44C, welder.  There is insufficient
evidence on which to base a correction to his DD Form 214 to show his MOS
as 44C.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__le____  __jtm___  __rtd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __Lester Echols_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004379                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070823                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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