RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20040011609


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy Jr.   |     |Member               |
|     |Mr. Patrick H. McGann Jr.         |     |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, in effect, removal of a DA Form 2627-1 (Record
of Proceedings Under Article 15, UCMJ), from his military service records.

2.  The applicant states, in effect, that he was never in violation of his
duties and has no knowledge of ever receiving nonjudicial punishment for
violation of Article 86 of the Uniform Code of Military Justice.

3.  The applicant provides a copy of pages 1 and 2 of the DA Form 2627-1.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 October 1970, the date of his separation from active duty.
The application submitted in this case is dated 13 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's military service record shows that he was inducted into
the U.S. Army on 18 April 1969.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).

4.  The applicant's military service record shows that he was assigned to
Troop D, 3rd Squadron, 17th Air Cavalry in Vietnam, from 4 October 1969
through
27 October 1970.  He was separated from the U.S. Army in the rank of
sergeant/pay grade E-5, under honorable conditions, on 30 October 1970,
after serving on active duty for a total of 1 year, 6 months, and 13 days.






5.  The applicant's records contain a DA Form 2627-1 which shows that on
7 July 1970, the captain in command of Troop D, 3rd Squadron, 17th Air
Cavalry, notified the applicant of his intent to impose nonjudicial
punishment upon him for departing from his appointed place of duty without
authority.  On 11 July 1970, the applicant affixed his signature in Section
II (Acknowledgement of Notification); the commander affixed his signature
in Section III (Imposition of Punishment), directing forfeiture of $53.00
for one month; and the applicant again signed the document in Section IV
(Acknowledgement of Imposition of Punishment).

6.  The applicant's records also contain Headquarters, Troop D, 3rd
Squadron,
17th Air Cavalry, Unit Orders Number 49, dated 16 July 1970, which
promulgated the applicant's nonjudicial punishment.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides, in pertinent part, that Articles 15 issued before
1 November 1982 that are filed on the performance or restricted fiche will
remain filed, subject to the provisions of paragraph 3-42 of Army
Regulation 27-10 (Military Justice).  (This paragraph of the referenced
Army regulation provides guidance for the transfer of Articles 15 upon
change in status of the Soldier, on or after 1 September 1979, and is not
applicable in the applicant's case.)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the DA Form 2627-1 he received
should be removed from his military service records because he was never in
violation of his duties and has no knowledge of ever receiving nonjudicial
punishment for violation of Article 86 of the Uniform Code of Military
Justice.

2.  The applicant provides a copy of the document in support of his
application.

3.  The typed name, service number, rank, and unit on the DA Form 2627-1
accurately identify the applicant, at that time.  The signatures on the
document are consistent with and match those on other documents in the
applicant's military service records (i.e., DD Form 398, DA Form 20, and DD
Form 214).  Therefore, absent evidence to the contrary, the DD Form 2627-1
is determined to be a valid document that was issued to the applicant, was
signed by the applicant, and is authorized for filing in his military
service records.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 October 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
29 October 1973.  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.

5.  The applicant is advised that in the review of his military service
records, there appears to be an inaccuracy in the recording of his Social
Security Number.  In addition, the applicant may be entitled to additional
awards that are not shown on his DD Form 214.  Therefore, the applicant is
further advised, that he may request a correction of his military service
records by submitting a DD Form 149 (Application for Correction of Military
Record Under the Provisions of Title 10, U.S. Code, Section 1552),
specifically identifying the error(s) or injustice in his records requiring
correction, and mailing the application to the appropriate address on the
reverse side of the form.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCH   _  __TEO__   __PHM  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ______James C. HIse______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011609                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19701030                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Early Separation of Overseas Returnee   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |126.0500.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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