RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 OCTOBER 2004
DOCKET NUMBER: AR2004105880
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. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Curtis Greenway | |Member |
| |Mr. Eloise Prendergast | |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
2. The applicant states
3. The applicant provides
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests
2. Counsel states
3. Counsel provides
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged (error or
injustice) which occurred on (date). The application submitted in this
case is dated________.
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.
4.
5.
6.
XX.
DISCUSSION AND CONCLUSIONS:
1.
2.
3.
4.
XX. Records show the applicant should have discovered the alleged error or
injustice now under consideration on (enter date); therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on (enter date). 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
___JS___ ___CG __ ___EP __ 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.
______ John Slone_______
CHAIRPERSON
INDEX
|CASE ID |AR2004105880 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041026 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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