RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 August 2004
DOCKET NUMBER: AR2004100169
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Ms. Gail J. Wire | |Member |
| |Mr. John T. Meixell | |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 DD Form 214 be corrected to reflect his
service in Vietnam and that he be awarded all appropriate awards to which
he is entitled for service during that conflict/war.
2. The applicant states, in effect, that his DD Form 214 is void of
service in Vietnam and all awards that he should have received.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 20 May 1970. The application submitted in this case is dated
10 October 2003.
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 limitation 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 was inducted in Columbus, Ohio, on 28 May 1968. He
completed his basic combat training at Fort Jackson, South Carolina, and
his advanced individual training (AIT) at Fort Eustis, Virginia. Upon
completion of his AIT, he was transferred to Okinawa, where he was assigned
to the 111th Transportation Detachment and was attached to the 26th
Transportation Battalion for duty as an amphibious vehicle operator on 30
October 1968. On 15 March 1969, he was transferred to the 2nd Logistical
Command for duty as a general vehicle repairman.
4. He departed Okinawa on 20 May 1970 and was transferred to Oakland Army
Base, California, where he was honorably released from active duty as an
overseas returnee. He had served 1 year, 11 months and 23 days of total
active service.
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. Although the applicant served during the period of the Vietnam War,
there is no evidence in the available records to show that he actually
served in Vietnam or the contiguous area that constituted service in
Vietnam.
3. Therefore, absent evidence to show his service in Vietnam, there is no
basis to correct his records to show his service is other than what is
reflected on his DD Form 214.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 May 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 19 May 1973. However, 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
__fe____ __gjw___ __jtm___ 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.
Fred Eichorn
______________________
CHAIRPERSON
INDEX
|CASE ID |AR2004100169 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040803 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(DENY) |
|REVIEW AUTHORITY | |
|ISSUES |189/CORR 214 |
|1.110.0000 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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