MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:          

	BOARD DATE:               21 August 2001              
	DOCKET NUMBER:      AR2001051980

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                        records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his military records be corrected to show his Military Occupational Specialty (MOS) as 76P20 (Quarter Master Supply Specialist) instead of 71B30 (Clerk Typist) in item 23a (Specialty Number & Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge dated 10 September 1969.  The applicant dates the discovery of the alleged error or injustice as 30 December 2000 and in essence states that he was never a clerk typist or was he ever trained I that MOS.  He provides a copy of his DD Form 214 and further relies on his military records to support his claim.  

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 for 3 years on 6 February 1967.  He completed his basic combat training at Fort Bliss, Texas on 11 February 1967 and was transferred to Fort Huachuca, Arizona for advanced individual training (AIT).  On 8 April 1967, he was awarded MOS 76A10 (General Supply Specialist) and then assigned to Fort Lee, Virginia.  He attended supply school for additional MOS training and was listed under MOS 76E20 (Quartermaster Supply Specialist) after completing his training on 20 June 1967.

On 28 March 1968, he was assigned to For Carson, Colorado, for duty in MOS 71T20 (Maintenance Data Specialist).

On or before 28 July 1968, he was transferred to the Republic of Vietnam (RVN) for duty in his MOS.

The applicant’s DA Form 20 (Enlisted Qualification Record), item 22 (MOS) lists his primary duty in MOS 71B30 (Clerk Typist) as of 9 April 1969.

On 16 and 20 July 1969, the applicant’s commanding officer placed two letters of appreciation in his official military personnel file, which points out his loyalty, his dedication to performance of duty for stepping in and assuming the responsibilities of not only a Prescribed Load List Clerk, but also as an TAERS Clerk (abbreviation unknown) and Motor Sergeant, while assigned to duty in the Republic of Vietnam.

On 10 September 1969, the applicant returned to the United States and was released for active duty under the provisions of Army Regulation 635-200, section VII, chapter 5 as an overseas returnee.  He was then transferred to the United States Army Reserve (USAR) for completion of his obligation of service and honorable discharged on 1 February 1973.  Upon being discharged from the USAR the applicant’s discharge certificate shows he was designated as MOS 71B30 (Clerk Typist).  He was credited with 2 years, 7 months and 5 days of active military service and had no lost time.  The highest rank he attained was pay grade E-5.

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 no later than 10 September 1969, the date he was released from active duty and signed his report of separation.  The time for the applicant to file a request for correction of any error or injustice expired on 
10 September 1972.

The application is dated 30 December 2000 and 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.  Prior to reaching this determination the Board looked at the applicant’s entire file.  It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommended a correction of his record that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant’s failure to submit his applicant within the three-year time limit.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__JEV __  __BJE___  ___WDB_  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2001051980	
SUFFIX	 	
RECON	 	
DATE BOARDED	2001.08.21	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1973/02/01	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON	Chap 5 overseas returnee	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.