RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 January 2006 DOCKET NUMBER: AR20050000951 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 Mr. Robert J. McGowan Analyst The following members, a quorum, were present: Mr. William D. Powers Chairperson Mr. Thomas M. Ray Member Mr. Randolph J. Fleming Member 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his secondary military occupational specialty (MOS) for "tracked vehicle support maintenance course." 2. The applicant states his secondary MOS is not shown on his DD Form 214. 3. The applicant provides: a. Page 1 of his DA Form 20 (Enlisted Qualification Record). b. DD Form 214 for 7 April 1966. c. DD Form 214 for 7 March 1969. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 7 March 1969. The application submitted in this case is dated 6 January 2005. 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 was inducted into the Army of the United States for 2 years on 4 April 1966. On 7 April 1966 while at the Basic Training Reception Station, he enlisted in the Regular Army for 3 years. He completed Basic Training at Fort Gordon, Georgia and was transferred to Aberdeen Proving Ground, Maryland for Advanced Individual Training (AIT). 4. On 24 June 1966, the applicant completed AIT and was awarded MOS 63H (Track Vehicle Repairer). He was then assigned to Germany (US Army Europe, or USAREUR) for his initial duty assignment. 5. While in Germany, the applicant completed two USAREUR schools for which he received Academic Reports. From 3 January 1967 to 3 February 1967, he completed the 3-week Track Vehicle Support Maintenance Course. From 26 June 1967 to 21 July 1967, he completed the 3-week Wheel Vehicle Support Maintenance Course. 6. The applicant served in MOS 63H throughout his period of service. Following his assignment in USAREUR, he was reassigned to the Republic of Vietnam on 21 March 1968. Upon returning to the United States in late February 1969, the applicant was separated at Fort Lewis, Washington on 7 March 1969. 7. The applicant's DD Form 214 shows his MOS in Block 23a as 63H20, Engine and Powertrain Repairman. Block 25 (Education) states "NONE." 8. There are no orders in the applicant's service record to show he was awarded a secondary MOS. 9. Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states that the titles of all MOS served for at least 1 year will be listed. It also states formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed by title, length in weeks, and year completed. DISCUSSION AND CONCLUSIONS: 1. The applicant states he held a secondary MOS related to "track vehicle support maintenance." In fact, the applicant held MOS 63H, Track Vehicle Repairer. This is his only MOS; his record contains no orders awarding any other MOS. 2. The applicant completed two formal service schools while stationed in USAREUR. He completed the Track Vehicle Support Maintenance Course, 3 weeks in length, on 3 February 1967; he also completed the Wheel Vehicle Support Maintenance Course, 3 weeks in length, on 21 July 1967. 3. The applicant's DD Form 214 shows his MOS as Engine and Powertrain Repairman. It also shows that he completed no educational courses. 4. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below. 5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 March 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6 March 1972. 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 __wdp___ __tmr___ __rjf___ 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. 3. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 of the individual concerned to show his MOS as "Track Vehicle Repairer" and that he completed two educational courses: Track Vehicle Support Maintenance – 3 Weeks – 1967; and Wheel Vehicle Support Maintenance – 3 Weeks – 1967. William D. Powers ______________________ CHAIRPERSON INDEX CASE ID AR20050000951 SUFFIX RECON DATE BOARDED 20060105 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 100.0500 2. 3. 4. 5. 6.