IN THE CASE OF: BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100013236 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, deletion of the entry "Excess leave of 11 days from 16 May 68 thru 26 May 68" from item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states the entry in item 30 is untrue and carries with it a stigma akin to being absent without leave. He points out his travel orders from Vietnam to Fort Sam Houston, TX, clearly state he has 40 days of leave. Prior to leaving Vietnam, he checked with his commanding officer regarding his leave and he said "if it says 40 days, it's 40 days." The assumption at that time was he had not taken "R&R" [rest and recuperation] while in Vietnam and the days were added as leave between duty stations. Upon reporting to Fort Sam Houston, the commanding officer stated he had been absent for 11 days. He produced his travel orders and the commanding officer said it did not matter and that no one gets 40 days. 3. The applicant provides a copy of his: * DD Form 214 * Reassignment orders 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 applicant was inducted into the Army of the United States on 3 October 1966. He served in Vietnam from 15 April 1967 to 14 April 1968. He was honorably released from active duty on 2 October 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. 3. Item 30 of his DD Form 214 shows he was on excess leave of 11 days from 16 May 1968 through 26 May 1968. 4. There is no evidence of record which shows the applicant was not placed on excess leave during the period 16 May 1968 through 26 May 1968. 5. In support of his claim, the applicant provided reassignment orders, dated 28 March 1968, which show he had 40 days of leave. 6. Army Regulation 630-5 (Leaves and Passes), in effect at the time, governs the policy and procedures regarding chargeable leave, emergency leave, leave outside the United States, and permissive temporary duty. Excess leave is defined as leave in excess of accrued or advance leave. The member is not entitled to pay and allowances for a period of such leave. 7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions and the reassignment orders he provided have been considered; however, without his pay records/leave and earnings statements to verify his leave status during the period in question, it must be presumed the information on his DD Form 214 concerning excess leave is correct. 2. The applicant's pay records and/or leave and earnings statements might verify his contention. However, those records/documents are not available to the Board, and he has the burden of proving the error. 3. In view of the foregoing, there is no basis for granting the applicant's requested relief. 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) AR20100013236 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100013236 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1