RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 November 2005
      DOCKET NUMBER:  AR20050003310


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Mr. Joe Schroeder                 |     |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 a DA Form 8-275-3 (Clinical Record Cover
Sheet), dated 9 May 1966, be corrected to show the correct spelling of his
last name, that the seventh digit of the service number be corrected to
show "9," and the city in the emergency address be corrected to show
"Toledo."

2.  The applicant states, in effect, his last name is W-tt-- not W-h--, the
seventh digit of his service number is "9" not "4," and the city in the
emergency address on this form should be Toledo.

3.  The applicant provides a copy of a DA Form 8-275-3; an NA Form 13151
(Reply to Request for Organizational Records (Medical)); a letter, dated
3 February 2005, from the U.S. Army Physical Disability Agency/Combat
Related Special Compensation Division; a copy of a DD Form 214 (Report of
Transfer or Discharge) for the period ending 12 December 1967; and a
Personal History Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
12 December 1967.  The application submitted in this case is dated 16
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 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’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of a DA Form 8-275-3 and a DD Form 214 for the period ending 12
December 1967.

4.  The applicant enlisted on 17 March 1961 for a period of 3 years.  He
served as a light weapons infantryman in Germany and was released from
active duty on 20 March 1964.  He enlisted on 13 July 1964 for a period of
3 years.  He served in Vietnam and was honorably discharged on 12 December
1967.

5.  Item 1 (Last Name - First Name - Middle Name) on the applicant's DD
Form 214 for the period ending 12 December 1967 shows the last name "W-tt--
."  Item 2 (Service Number) on his DD Form 214 shows the seventh digit is
"9."  Item 21 (Home of Record) on his DD Form 214 shows, in pertinent part,
the street address "3622" and the city "Toledo."

6.  Item 4 on the DA Form 8-275-3, dated 9 May 1966, provided by the
applicant shows the last name "W-h--."  Item 9 on this form shows the
seventh digit of the service number is "4."  Item 15 on this form shows the
same street address as reflected in item 21 on the applicant's DD Form 214;
however, the city is shown as "TELIODO."

DISCUSSION AND CONCLUSIONS:

1.  Since the street address on the applicant's DD Form 214 and the DA Form
8-275-3 are the same, it is reasonable to presume that the clinical record
belonged to the applicant and items 4, 9, and 15 are incorrect on the DA
Form 8-275-3.  Therefore, item 4 on the DA Form 8-275-3 should be corrected
to show the last name "W-tt--," the seventh digit in item 9 on this form
should be corrected to show "9," and the city in item 15 on this form
should be corrected to show "Toledo."

2.  Records show the applicant should have discovered the alleged errors
now under consideration on 12 December 1967; therefore, the time for the
applicant to file a request for correction of any error expired on 11
December 1970.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

TP_____  ___EA___  _JS_____  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending the last name shown in item 4
on the DA Form 8-275-3, dated 9 May 1966, to show "W-tt--," amending the
seventh digit
shown in item 9 on this form to show "9," and amending the city in item 15
on this form to show "Toledo."




            ____Thomas Pagan_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003310                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |100.1000                                |
|3.                      |100.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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