RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            04 DECEMBER 2003                  
	DOCKET NUMBER:   AR2003089873

	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.  

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Kenneth W. Lapin		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 MOS (Military Occupational Specialty) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was a truck driver. 

2.  The applicant states that his MOS of 44D20, Blacksmith, on his DD Form 214 is incorrect, and that he would like to have it changed to show he was a truck driver.  

3.  The applicant provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 
12 December 1967.  The application submitted in this case is dated 10 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted in to the Army of United States on 9 March 1966, for a period of 2 years.  He completed basic training at Fort Ord, California, and advanced individual training at Fort Eustis, Virginia.  He served in Vietnam from October 1966 to December 1967.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) indicates on 
7 May 1966 he was awarded the primary MOS of 44D (Blacksmith), and on 
23 October 1967 was awarded the secondary MOS of 44C (Welder).  His record of assignments indicates he served in the duty MOS of 44D throughout his military service.  

5.  On 12 December 1967, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 5, for early release of overseas returnee.  His DD Form 214 indicates he had 1 year, 9 months and 4 days of creditable service, and shows his specialty number and title in item 16 as 44D20, Blacksmith.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was awarded MOS 44D (Blacksmith) and served in that MOS throughout his military service.  

2.  There is no evidence in the applicant’s available records to substantiate his claim that he was a truck driver.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 12 December 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
12 December 1970.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__WTM  _  __ALR __  __KWL__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

					___Walter T. Morrison____
					        CHAIRPERSON

INDEX

CASE ID	AR2003089873	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031204	
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.	110.00	
2.		
3.		
4.		
5.		
6.