RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 MARCH 2007 DOCKET NUMBER: AR20060012732 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. 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, in effect, his military occupational specialty (MOS) be listed as 11X on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states that his DD Form 214 does not list a MOS and without a MOS, he is unable to reenlist in the Army because of age. 3. The applicant does not provide any evidence in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 6 June 1989. The application submitted in this case is dated 23 August 2006. 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 limitations 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’s records show he enlisted into the Regular Army on 28 November 1988. He enlisted in career management field 11 (Infantry). The applicant received an “Uncharacterized” discharge under the provisions of Army Regulation 635-200, chapter 10 on 6 June 1989. 4. Orders 336-354 reassigned the applicant from the Reception Station, Fort Benning, Georgia to Company C, 1st Battalion, 38th Infantry, Fort Benning, Georgia, with a report date of 1 December 1988. 5. Orders 16-1, dated 25 January 1989 awarded the applicant MOS 11C. The effective date was listed as 9 March 1989 or upon completion of MOS training. 6. Department of the Army Form 4187 (Personnel Action) shows that the applicant’s duty status was changed from present for duty to absent without leave (AWOL) effective 1900 hours on 1 February 1989. He was dropped from the rolls on 3 March 1989. 7. On 6 March 1989 the applicant surrendered to military authorities at Fort Sam Houston, Texas. 8. On 13 April 1989, the applicant’s request for discharge for the Good of the Service, under the provisions of Army Regulation 635-200 chapter 10, was approved. The discharge was directed as an entry level separation. 9. The applicant’s DD Form 214, item 11 “Primary Specialty Number, Title and Years and Months in Specialty” lists the word “None.” 10. Army Regulation 635-5 (Personnel Separations), in effect at the time, established standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter the MOS codes, titles, years, and months served. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows that the applicant went AWOL on 1 February 1989 and was subsequently dropped from the rolls and chaptered out of the Army prior to completing training and being awarded his MOS of 11C. Therefore, there is no error or injustice and no basis for correction of the applicant's DD Form 214. 2. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement. 3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 June 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 June 1992. 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 timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___KA __ __DH___ ___LD___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. As a result, the Board further determined that there is no evidence provided which shows that it would 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. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. ____ Kathleen Newman______ CHAIRPERSON INDEX CASE ID AR20060012732 SUFFIX RECON YYYYMMDD DATE BOARDED 20070320 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.