APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Air Medal and the Purple Heart and that he was a door gunner in Vietnam. He states that he would also like to have information concerning his treatment for schizophrenia and Agent Orange placed in his VA records.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 29 September 1965 and received training as an aircraft electrician. He served in Vietnam for 7 months and 27 days and was honorably discharged on 19 September 1967.
His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Marksman Badge with rifle bar.
Review of his military personnel file and enlisted qualification record fail to show that he received training as a door gunner during his Vietnam service. Nor do they contain any evidence that he was recommended for or awarded the Air Medal. Likewise, there is no evidence that he was injured as a result of enemy action or was awarded the Purple Heart.
It is not a function of this Board to obtain records of his medical treatment for the VA, especially since he contends he is already undergoing treatment by that agency.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 19 September 1967, the date of his discharge. The time for the applicant to file a request for correction of any error or injustice expired on 19 September 1970.
The application is dated 3 March 1994 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
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