RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 September 2005
DOCKET NUMBER: AR20040011590
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. Ronald DeNoia | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Barbara J. Ellis | |Member |
| |Mr. Richard T. Dunbar | |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 that his service time in Vietnam be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).
2. The applicant states that he needs this Vietnam service time added to
his DD Form 214 in order to be eligible for assisted living.
3. The applicant provides a DD Form 214, with an effective date of 29
April 1964.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 29 April 1964. The application submitted in this case is dated
23 December 2004.
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 has not proved specific dates of service in Vietnam.
4. Section 5 (Service Outside Continental United States) of the
applicant's DA Form 24 (Service Record) shows he was assigned to Turkey and
the Philippines during the period 24 October 1961 through 4 March 1964.
5. Section 29 (Foreign Service) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows the applicant was assigned to Turkey and the
Philippines during the period 20 Oct 1961 through 17 May 1964.
6. A review of all remaining documents contained in the applicant's
official military personnel file (OMPF) does not show any service in
Vietnam.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust. The applicant has failed to
submit evidence that would satisfy this requirement.
2. Notwithstanding the fact that the dates of service on the applicant's
records do not coincide there is no evidence to show the service in
Vietnam.
3. In the absence of evidence that shows the applicant served in Vietnam
there is no basis to grant relief in this case.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 April 1964; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 28 April 1967. 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
__sk____ __bje___ __rtd___ 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.
Stanley Kelley
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040011590 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050901 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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