RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2007
      DOCKET NUMBER:  AR20070010866


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Ms. Jeanette R. McCants           |     |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 his record be corrected to show
his military occupational specialty (MOS) was Tractor Trailer Driver.

2.  The applicant states, in effect, that his MOS was converted from 43K
(Canvas and Webbed Equipment Repairer) to Tractor Trailer Driver.

3.  In support of his application, the applicant provides an extract of his
Enlisted Qualification Record (DA Form 20) Record of Assignments.

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's record shows that he enlisted in the Regular Army and
entered active duty on 1 April 1966.  He successfully completed basic
combat training at Fort Jackson, South Carolina, on 3 June 1966, and
advanced individual training (AIT) at Fort Lee, Virginia, on 16 February
1967.

3.  Item 22 (Military Occupational Specialties) of the applicant’s DA Form
20 shows that he held the primary MOS of 43K, and Item 27 (Military
Education) confirms that in 1967, he completed the 7-week Canvas & Webbed
Equipment Repairer course at the Quartermaster School, Fort Lee, Virginia.


4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that he served in MOS 43K as a canvas and webbed equipment repairer at Fort
Bragg, North Carolina, from 22 February 1967 through 24 April 1968.  It
also shows that he served in the Republic of Vietnam (RVN) from 27 May 1968
through 22 March 1969, and that during this tour, he served in MOS 43K as a
canvas repairer with the 147th Field Service Company and with Company C,
Troop Command (Prov)  during his RVN tour of duty.  There is no indication
that he held or served as a Tractor Trailer Driver at any of his active
duty assignments.
5.  The orders and other documents on file in the applicant's Military
Personnel Records Jacket (MPRJ) that contain an MOS, all list 43K as the
applicant's MOS. There are no documents or orders on file that indicate he
ever held or served in another MOS during his active duty tenure.

6.  On 27 March 1969, the applicant was honorably released from active duty
(REFRAD) after completing 2 years, 11 months, and 24 days of creditable
active military service and accruing 3 days of time lost.  The DD Form 214
he was issued lists his MOS as 43K (Canvas and Web Repairer) in Item 23a
(Specialty Number and Title), and the applicant authenticated this document
with his signature on the date of his REFRAD.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The instructions for completing the DD Form 214 in effect at the time
of the applicant's separation indicated that the primary MOS held on the
date of separation, as taken from the DA Form 20, would be entered in Item
23a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show
his MOS was Tractor Trailer Driver was carefully considered.  However,
there is insufficient evidence to support this claim.

2.  Item 22 and Item 27 of the applicant's DA Form 20 shows he was trained
in and awarded MOS 43K.  Item 38 shows that he was assigned duties in MOS
43K at all of his active duty assignments, and there are no orders or other
documents on file that indicate he ever held or served in another MOS
during his active duty tenure.  Further, MOS 43K is listed in Item 23a of
his DD Form 214, and he authenticated this document with his signature on
the date of his separation.  In effect, his signature was his verification
that the information contained on the separation document, to include the
MOS entry in Item 23a, was correct at the time the DD Form 214 was prepared
and issued.  Therefore, absent any evidence that he was ever awarded or
served in a Tractor Trailer Driver MOS, there is an insufficient
evidentiary basis to support granting the requested relief at this late
date.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RTD _  __JRM __  __JLP___  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.




                                  _____Richard T. Dunbar__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070010866                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/03/27                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS RTN                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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