RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 October 2005
DOCKET NUMBER: AR20050001723
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. David S. Griffin
Analyst
The following members, a quorum, were present:
Mr. Melvin H. Meyer
Chairperson
Mr. Allen L. Raub
Member
Ms. Linda D. Simmons
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, that his military records be corrected to show he had taken three trips to Vietnam in 1968 while assigned to the 46th Special Forces Company in Thailand.
2. The applicant states, in effect, that there are no records of his temporary duty (TDY) trips to Vietnam. He states that in 1969 he saw no reason to take TDY orders with him and neither did the 46th Special Forces Company.
3. The applicant provides his request for reconsideration of a U.S. Army Physical Disability Agency/Combat Related Special Compensation (CRSC) Division decision, dated 16 August 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred
on 31 August 1975, the date of his retirement. The application submitted in this case is dated 18 December 2004 and was received on 3 February 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 applicants failure to timely file.
3. The applicant's military records show that he initially entered active service
on 24 February 1947. The applicant's enlisted service continued until his discharge on 22 July 1963. The highest grade held by the applicant was staff sergeant.
4. On 23 July 1963, the applicant was appointed a warrant officer one in the U.S. Army Reserve and ordered to active duty. He reported for active duty on 23 July 1963. The applicant continued to serve on active duty until his retirement on
31 August 1975. The highest grade held by the applicant was chief warrant officer three.
5. The records show that the applicant was assigned to the 46th Special Forces Company (Airborne), 1st Special Forces in Thailand during the period from
15 April 1967 to 28 November 1967. There is no evidence of the applicant being assigned TDY during this period.
6. The records show that the applicant was assigned to the Signal Company,
6th Special Forces Group (Airborne), 1st Special Forces at Fort Bragg, North Carolina during the period from 29 November 1967 to 1 May 1970. There is no evidence of the applicant being assigned TDY during this period.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he took three trips to Vietnam in 1968 while assigned to the 46th Special Forces Company in Thailand. The applicant further contends that in 1969 he saw no reason to take TDY orders with him and neither did the 46th Special Forces Company.
2. The evidence shows that the applicant was assigned to Fort Bragg, North Carolina during the period 1968 and 1969. Therefore, the evidence does not support the applicant's contention.
3. There is no evidence in the records that the applicant was sent TDY to Vietnam from Thailand in 1968 and 1969.
4. In order to justify correction of a military record the applicant must, 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 30 August 1975, the date of his retirement; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 August 1978. 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
____alr__ ___mhm_ ___lds___ 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.
________Melvin H. Meyer_______
CHAIRPERSON
INDEX
CASE ID
AR20050001723
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20051027
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.
2.
3.
4.
5.
6.
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