RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           20 November 2003
	DOCKET NUMBER:   AR2003091296

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert Duecaster		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 correction of item 23a (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a "reconnaissance specialist."

2.  The applicant states that he was not a clerk typist in Vietnam.  He claims that he was a "Recon Specialist."

3.  The applicant provides a letter from his Recon sergeant in Vietnam.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 5 September 1969.  The application submitted in this case is dated 9 September 2002.  

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 enlisted in the Army National Guard on 29 March 1966 for a period of six years.  On 1 August 1966, he was ordered to active duty for basic combat training at the U.S. Army Reception Station, Company A, 1st Battalion, 2nd Brigade, Fort Lewis, Washington.

4.  The applicant's personnel records contain Headquarters, U.S. Army Training Center Infantry, Fort Lewis, Washington Special Orders Number 132 dated 25 October 1966 which reassigned him for advanced individual training (AIT) in military occupational specialty (MOS) 71A (Clerk).

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 71B (Clerk Typist) on 19 December 1966.  

6.  The applicant was released from active duty on 21 December 1966 and returned to the Army National Guard.  His DD Form 214 with an ending date of 21 December 1966 shows his specialty number and title as "71A10 (Clerk)."

7.  The applicant was ordered to active duty again on 13 May 1968.  He served in Vietnam from 11 September 1968 through 25 August 1969.  

8.  The applicant's DA Form 20 shows he was assigned to Headquarters Company, 116th Engineer Battalion in duty MOS 71B as a records clerk from 11 September 1968 to 3 December 1968.  His DA Form 20 also shows he served in duty MOS 12B (Combat Construction Specialist) and 51N (Water Supply Specialist) during his tour in Vietnam.  

9.  He was released from active duty on 5 September 1969.  His DD Form 214 with an ending date of 5 September 1969 shows the entry "71B20 Clerk Typist" in item 23a.

10.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military service, will be entered in item 23a (Specialty Number & Title).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was ordered to active duty for training in August 1966.  Upon successful completion of AIT, he was awarded primary MOS 71B (Clerk Typist).

2.  The evidence of record shows the applicant served in duty MOS 71B, 12B, and 51N during his assignment in Vietnam.  There is no evidence of record which shows he served as a "reconnaissance specialist." 

3.  Records show the applicant should have discovered the error or injustice now under consideration on 5 September 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 September 1972.  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.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

JL______  LDS_____ RD_______  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.  

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003091296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0500	
2.		
3.		
4.		
5.		
6.