APPLICANT REQUESTS:  Correction of his DA Form 20, Personnel Qualification Record, to show his duty military occupational specialty (DMOS) while in Vietnam on his first tour (during the period July - December 1970) as an M-60 Gun Truck Machine Gunner.  He provides a statement from his former commander in support of his application.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant’s military records show: 

He enlisted in the Regular Army on 28 March 1969.  He completed basic  combat training and advanced individual training and was awarded military occupational specialty 63C (General Vehicle Repairman).

He served in Vietnam on his first tour from 18 January - 9 December 1970.  His DA Form 20 shows he served during the period in question as a 63C20, Wheel Vehicle App (sic) with the 670th Transportation Company.

His former commander’s statement notes that all of the soldiers who manned the gun trucks were in fact drivers or mechanics.  They always had mechanics with the trail party on convoys, and they sometimes doubled up on the gun trucks.

The commander’s statement presumably means that the mechanics accompanying the convoys manned the machine guns as an additional duty, much as a cook at a base camp would pull perimeter guard as additional duty even though his principal DMOS remained “cook.”

On 6 May 1971, the applicant audited his DA Form 20.  This would have been the correct time to question his DMOS if he thought it was incorrect.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered by 23 March 1972, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 23 March 1975.
The application is dated 14 March 1997.  The applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                     Loren G. Harrell
					 	Director