IN THE CASE OF: BOARD DATE: 28 OCTOBER 2008 DOCKET NUMBER: AR20080014078 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his Army record be corrected to show that the Army owes him $1,013.00 and that he be paid this money. 2. The applicant also states, in effect, that when he was discharged, his records had been lost and he was told by his commanding officer that the monies owed him would be sent to him. As of today he has never received anything. 3. The applicant provided no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The evidence shows the applicant enlisted in the Regular Army on 31 July 1970. He completed his basic combat training and his advanced individual training at Fort Dix, New Jersey. After completing all required training, he was awarded the military occupational specialty 94B (Cook). 3. Item 30 (Remarks) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the entry, "EM separated on temporary records and Soldier’s affidavit." 4. There is no evidence in the applicant’s service personnel records, and the applicant provided no documentary evidence, to show he was owed any money by the Army on the date of his discharge. The evidence shows that the applicant was convicted by a special court-martial of being absent without leave from 25 January 1971 through 30 April 1971. He was sentenced to confinement at hard labor for 2 months as a result of his conviction. 5. The evidence also shows that the applicant absented himself without leave from 20 August 1971 through 13 September 1971 and from 9 October 1971 through 6 January 1972. The applicant was not entitled to pay and allowances while he was in an absence without leave status. The applicant requested discharge for the good of the service, in lieu of trial by courts-martial, for the charges that were preferred against him for these absences and the evidence shows he was discharged on 9 March 1972, more than 36 years before he submitted his claim for the money he says the Army owes him. 6. Title 31, U. S. Code, section 3702, also known as the Barring Statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U. S. Code, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims which are often difficult to prove or disprove. DISCUSSION AND CONCLUSIONS: 1. 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’s contention that his record should be corrected to show that the Army owes him $1,013.00 is without merit. 2. The evidence shows that the applicant was discharged with temporary records and his affidavit; however, there is no evidence, and the applicant provided none, to show that the Army is indebted to him in the amount of $1,013.00. 3. In his request to the Board, the applicant did not mention the specific reason the Army is indebted to him in the amount of $1,013.00. There is no evidence in the applicant’s service records to show the Army was indebted to him in the amount of $1,013.00 and the applicant provided no documentary evidence to show the Army owed him any money after his discharge. 4. Assuming that the applicant was owed $1,013.00 by the Army on his discharge date, the applicant did not submit a claim for this money that was owed to him for over 36 years after he was discharged. The Barring Statute prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in the Barring Statute, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. 5. Based on the evidence, the applicant is not entitled to correction of his Army records to show that the Army is indebted to him in the amount of $1,013.00. The applicant is, therefore, not entitled to payment of the $1,013.00 he claims is owed him by the Army. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080014078 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014078 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1