RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006947


      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             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 the MOS (Military Occupational
Specialty) 11C (Indirect Fire Infantryman) be added to his DD form 214
(Certificate of Release or Discharge From Active Duty).

2.  The applicant states, in effect, that he was told his MOS was not
needed in the Republic of Vietnam and that he held a 2nd MOS 11B (
Infantryman) but he was actually utilized as a Indirect Fire Infantryman
(11C) and he would like to be recognized for holding the MOS 11C.

3.  The applicant provides a copy of his DD Forms 214 (Armed Forces of the
United States Report of Transfer or Separation) and a self authored
statement in support of his application.

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.  On 24 October 1968, the applicant enlisted in the Regular Army and
entered active duty for two years.  He was awarded the military
occupational specialty (MOS) Cook (94B).  The highest rank he attained
while serving on this active duty tour was Specialist Four (SP4).

3.  Item 22 (Military Occupational Specialties) of the applicant’s DA Form
20 (Enlisted Qualification Record) shows that he was awarded the MOS 94B,
Cook, as his primary MOS on 28 March 1969.  Item 22 does not show award of
any other MOS.

4.  Item 27(Military Education) applicant’s DA Form 20 shows that he
completed the 8 week Food Service Course in 1969.  Item 27 does not show
completion of any other MOS producing courses.
5.  Item 38 (Record of Assignments) of his DA Form 20 further shows that he
performed in MOS 94B (Cook and Cook’s Helper) while assigned to the 2nd
Battalion, 35th Infantry Regiment, 4th Infantry Division in the Republic of
Vietnam from 2 October 1969 to 1 October 1970.

6.  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.

7.  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 he performed the primary duty of 11C,
Indirect Fire Infantryman during his military service in the Republic of
Vietnam was carefully considered.  However, there is insufficient evidence
to support his claim.

2.  The applicant’s DA Form 20 confirms he was trained in and awarded MOS
94B (Cook) and that he was assigned to positions authorized that MOS
throughout his active duty tenure.  Therefore, there is no basis to grant
the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  ___LMD _  ___JLP__  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006947                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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