RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 SEPTEMBER 2005
DOCKET NUMBER: AR20050001622
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 |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Barbara Ellis | |Member |
| |Mr. Richard 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 records be corrected to show
entitlement to military awards associated with his service in Honduras and
that his separation document be corrected to show he was part of Task Force
227 in Honduras while assigned to the 2nd Battalion, 7th Cavalry at Fort
Hood, Texas.
2. The applicant states that Company B, 2nd Battalion, 7th Cavalry was
part of Task Force 227 and he was a member of that organization. He states
he has been trying for some time to get his record corrected and recently
someone from military records sent him an application form.
3. The applicant provides no evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 24 October 1986. The application submitted in this case
is dated
22 January 2005.
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. Records available to the Board indicate the applicant entered active
duty on 30 June 1983 and was discharged by reason of physical disability on
24 October 1986.
4. Between October 1983 and January 1985 the applicant was assigned to the
2nd Battalion, 7th Cavalry Regiment at Fort Hood, Texas. There is no
evidence in available records, or provided by the applicant, which confirms
he was deployed to Honduras at any time while assigned to Fort Hood, Texas.
5. Information from the Center for Military History does, however, confirm
that between 1983 and 1985 the United States military forces conducted
extensive military training exercises in Honduras. Thousands of United
States military personnel participated in the exercises, including troops
from Fort Hood, and specifically from the 227th Assault Helicopter
Battalion, an element of the same cavalry division as the 7th Cavalry
Regiment. While the exercises carried various names there was no
indication that any exercise was named Task Force 227.
6. A review of Department of the Army Pamphlet 672-3 (Unit Awards and
Campaigns) and Army Regulation 600-8-22 (Military Awards) failed to
indicate that the 7th Cavalry Regiment was awarded any unit decorations
during the applicant's period of assignment and there were no Armed Forces
Expeditionary Medals or Humanitarian Service Medals awarded for service in
Honduras between 1983 and 1985.
7. Army Regulation 635-5, in effect at the time, provided instructions for
the preparation and distribution of separation documents. While tours of
duty served in an overseas area was recorded in item 12(f) foreign service)
on an individuals separation document there were no provisions for
specifying the location or duration of specific assignments covered by the
total period of foreign service recorded on the report of separation.
Additionally, there were no provisions for recording any service performed
overseas as part of a training exercise.
8. The applicant's records show that he did serve on a normal overseas
tour in Germany following his assignment at Fort Hood which is
appropriately reflected in item 12f on his separation document.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the applicant participated in exercises in
Honduras while assigned to Fort Hood, Texas or that any of the exercises
were officially named Task Force 227. It is possible, however, that 227
was a reference to the 227th Assault Helicopter Battalion's participation
in the exercises.
2. However, notwithstanding the absence of evidence of the applicant's
deployment to Honduras, even if such evidence was available there were no
unit or other service awards granted to recognize participation in those
training exercises.
3. Additionally, even if the applicant had been deployed to Honduras to
participate in training exercises, such information would not have been
recorded on his separation document.
4. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
5. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 October 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
23 October 1989. 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 __ ___BE _ __RD ___ 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 |AR20050001622 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050901 |
|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. |110.00 |
|3. | |
|4. | |
|5. | |
|6. | |
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