MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            02 AUGUST 2001
	DOCKET NUMBER:   AR2001056576

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Barbara J. Ellis		Member	
	Mr. John P. Infante		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:  That all his military occupational specialties (MOS) be listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

He states that MOS 63B10 and MOS 92A20 are not listed in item 11 of his        DD Form 214.  The applicant provides a copy of a 12 January 1987 order awarding him the primary MOS of 13B10 and the secondary MOS of 76V10.  He provides a copy of a 1 July 1993 promotion order, which in effect changed his MOS to 92A20.  He provides a copy of a 1 November 1996 promotion order showing award of MOS 92A30.  

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:

The applicant had service in both the Army National Guard and the Army Reserve.  He enlisted in the Army Reserve for two years on 18 October 1990.  The DD Form 214 that he wants corrected shows that he was ordered to active duty in support of Operation Desert Shield/Desert Storm, entering on active duty on 17 November 1990.  He was released from active duty on 8 June 1991.  His primary specialty listed in item 11 of his DD Form 214 is shown as 55B10, Ammunition Specialist.

Army Regulation 635-5 prescribes the instructions for preparation of the DD Form 214 and states in pertinent part to enter the primary MOS and all additional MOS served for a period of one year or more, during soldier’s continuous active military service.  For each MOS, list the title with the years and months served.    

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.

There is no evidence, nor has the applicant provided any, to indicate that his MOS on his DD Form 214 is incorrect, or that additional specialties should be added to that form.  The Board notes that his record of service was from           17 November 1990 to 8 June 1991.  Any MOS awarded after that latter date obviously could not be entered on that DD Form 214.  Any MOS awarded before that date in which he did not serve during the period of his active duty would not be shown on that DD Form 214.  There is no basis to correct his record.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 8 June 1991, the date of his release from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 8 June 1994.

The application is dated 9 April 2001 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 recommend 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 application within the three-year time limit.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__RJW__  __BJE___  __JPI ___  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2001056576	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010802	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	142.00	
2.	100.00	
3.	1021	
4.		
5.		
6.