IN THE CASE OF:	

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100007433 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of the entry in item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record), dated 22 April 1971, to reflect his principal duty as either a truck driver, mail clerk, or mechanic.

2.  The applicant states that the entry showing his principal duty as a clerk typist is incorrect because he drove a fuel truck, he was the mailman, and he worked in the motor pool as a mechanic.  He further states that he worked as a clerk typist at Fort Myer, VA while awaiting his discharge.  He further states that the only time he did anything related to a clerk typist was when the first sergeant wanted discharge orders done for the "druggies and non-hackers."

3.  The applicant provides a copy of item 38 of is DA Form 20.

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 enlisted in the Regular Army on 9 July 1970 for a period of 3 years and training as an engineer equipment repairman.  He completed his basic training at Fort Knox, KY and his advanced individual training at Fort Belvoir, VA before being transferred to Vietnam on 15 April 1971.

3.  His records show he was assigned a principal duty as a clerk typist in the 67th Engineer Company (DT (Dump Truck)) for his entire tour in Vietnam and he departed Vietnam on 24 January 1972 for assignment to an infantry company at the United States Military Academy at West Point, NY with a reporting date of
18 February 1972.

4.  However, the applicant was diverted from that assignment and he was assigned to Fort Myer for the purpose of early separation from the service under the provisions of the Phase Down Release Program - Expanded.

5.  On 3 March 1972, he was honorably released from active duty (REFRAD) for assignment to a Reserve Component unit in West Virginia.  He had served 1 year, 7 months and 24 days of total active service.

6.  There is no evidence in the available records to show what duties the applicant actually performed in Vietnam.  The applicant last audited his DA Form 20 on 4 October 1971, approximately 3 months prior to departing Vietnam.

7.  Army Regulation 600-200 (Enlisted Personnel Management System),
chapter 9, in effect at the time, provided the instructions for the preparation and maintenance of the DA Form 20.  It provided, in pertinent part, that the DA Form 20 would be prepared and maintained for personnel in an active status.  Entries in item 38 would be made based on duty assignments made by the unit commander in a written duty assignment sheet submitted to the records custodian and subsequently reported through changes in the morning report.  In the absence of a duty assignment made by the commander, the custodian was required to make a pencil entry in item 38 indicating the individual’s primary military occupational specialty (MOS) and the MOS title as the duty MOS and principal duty until such time as a duty assignment was received from the commander, at which time the pencil entry would be erased and a permanent entry made.  The duty assignment sheet was to be filed in the Military Personnel Records Jacket (MPRJ) until such time as the individual Soldier changed duties, units, or duty stations.  The DA Form 20 became obsolete on 1 January 1973 when the DA Form 2-1 (Personnel Qualification Record) was introduced, which is also currently obsolete and no longer maintained.  Individuals were required to audit their DA Form 20 yearly.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that his duty MOS and principal duty are incorrectly entered in item 38 of his DA Form 20, he has failed to show through the evidence of record and the evidence submitted with his case that such was the case.

2.  The regulation in effect at the time required unit commanders to provide duty assignment sheets to the records custodian at the time of assignment to a unit and to report subsequent changes through morning report entries.  Therefore, in the absence of evidence to show otherwise, it must be presumed that the commander properly reported his duty MOS and principal duty.  This is further reinforced by the fact that the applicant audited his records 3 months prior to departure from Vietnam and no changes were made.

3.  In any event, the DA Form 20 was maintained only for personnel in an active status and is now obsolete and no longer maintained.  Accordingly, there is no basis to make any corrections/entries to that form.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100007433



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100