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ARMY | BCMR | CY2007 | 20070017022
Original file (20070017022.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 March 2008
      DOCKET NUMBER:  AR20070017022


      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. Frank C. Jones                |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Mr. Scott W. Faught               |     |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 that his records be corrected to show he
performed duties as a crew chief.

2.  The applicant states that he went to Vietnam in April 1969 as a
helicopter repairman, but he did not like working all the hours.  He
believes it was June when he became a crew chief.

3.  The applicant provides no additional evidence.

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 14 August 1968.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 67A (Aircraft Maintenance
Apprentice) on or about 3 December 1968.

3.  The applicant was assigned to Vietnam and was assigned to the 134th
Attack Helicopter Company on 9 April 1969.  Item 38 (Record of Assignments)
of his DA Form 20 (Enlisted Qualification Record) shows his duty MOS as
67A10, aircraft maintenance apprentice.  He was reassigned to the 134th
Aviation Company on 21 May 1969.  Item 38 of his DA Form 20 shows his duty
MOS with this unit as 67A10, aircraft maintenance apprentice.

4.  On 15 September 1969, the applicant was awarded primary MOS 67N (UH-1
Helicopter Repairman).  Item 38 of his DA Form 20 shows that on 25 October
1969 his duty MOS changed to 67N20, helicopter repairman.

5.  The applicant audited his DA Form 20 on 20 March 1970.

6.  The applicant departed Vietnam on 22 March 1970.

7.  On 22 March 1970, the applicant was honorably released from active
duty.

8.  Item 23a (Specialty Number & Title) of the applicant’s DD Form 214
shows his specialty as 67N20, UH-1 Helicopter Repairman.

9.  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.  In pertinent part, it states the primary
MOS code number and title would be entered in item 23a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 does not show and there is no other evidence
of record to show that he performed duties as a crew chief, and he audited
his DA Form 20 shortly before he left Vietnam.

2.  In addition, the instructions for completing item 23a of the DD Form
214 were to enter the primary MOS code number and title.

3.  “UH-1 Helicopter Repairman” is the title of MOS 67N and therefore is
the correct entry for item 23a of the applicant’s DD Form 214.  “Crew
Chief” would have only been the title of a position authorized MOS 67N and
therefore would not have been entered on the DD Form 214 in any case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fcj___  __cd____  __swf___  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.




                                  ____Frank C. Jones_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070017022                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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