RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 January 2006
DOCKET NUMBER: AR20050007097
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. Kenneth Wright | |Chairperson |
| |Mr. Dale DeBruler | |Member |
| |Mr. Qawiy Sabree | |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show his initial duty assignment in Vietnam.
2. The applicant states his DD Form 214 does not show that he was assigned
to Headquarters and Headquarters Company, 3rd Battalion, 47th Infantry of
the 9th Infantry Division when he first arrived in Vietnam in January 1967
and that he served with this unit for approximately six months. He
contends that he was authorized to wear the 9th Infantry Division Patch
when he was separated from the military on 10 February 1968.
3. The applicant provides no evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 10 February 1968. The application submitted in this case is
dated 3 May 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 was inducted on 9 May 1966. His DA Form 20 (Enlisted
Qualification Record) shows that he served as a light vehicle driver in
Vietnam assigned to Headquarters and Headquarters Company, 3rd Battalion,
47th Infantry of the 9th Infantry Division from 28 January 1967 through 11
May 1967. He was transferred to the 261st Transportation Company on 12 May
1967 and remained a member of this unit until he was released from active
duty on 10 February 1968.
4. Item 12 (Last Duty Assignment and Major Command) on the applicant's DD
Form 214 shows the 261st Transportation Company, U.S. Army Vietnam.
5. Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214. In pertinent part, it directs that the
individual's current unit of assignment and the title of the major command
will be entered in item number 12 of the DD Form 214. There is no
provision to show all duty assignments on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests that his initial duty assignment in
Vietnam be shown on his DD Form 214, only the last duty assignment is
recorded on the DD Form 214. All other duty assignments were recorded in a
Soldier's DA Form 20.
2. Records show the applicant should have discovered the alleged error now
under consideration on 10 February 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 9
February 1971. 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
KW_____ DD___ _QS_____ 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.
___Kenneth Wright_____
CHAIRPERSON
INDEX
|CASE ID |AR20050007097 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060110 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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