RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 August 2006
DOCKET NUMBER: AR20050015679
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. Victoria A. Donaldson | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Dale E. DeBruler | |Member |
| |Mr. James R. Hastie | |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 pay for his service as a private first class/pay
grade
E-3.
2. The applicant states that he was told that his "orders and promotion"
were lost in the Republic of Vietnam. The applicant continues that he
received a copy of the promotion orders prior to his discharge and placed
in his 201 File. The applicant contends that he was informed that the
orders were lost again and that this error affected his separation pay.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) in support of this
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1968, the date of his release from active
duty. The application submitted in this case is dated 19 October 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 show the applicant was inducted into the Army of the United
States for a period of two years on 7 December 1966. He completed basic
training and advanced individual training and was awarded the military
occupational specialty 56D20 (Subsistence Storage Specialist).
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows that
he was promoted to the grade of private first class/pay grade E-3 on 17 May
1967.
5. The applicant's DD Form 214 shows that at the time of his release from
active duty he was serving in the grade of private first class and that his
date of rank to private first class was 16 June 1968.
6. There are no orders in the available records which show that the
applicant was promoted to the rank of private first class.
7. There are no financial records available for review with this case.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was not paid as a private first
class/pay grade E-3.
2. There are no financial documents in the available records which show
the amount of pay the applicant received during his military service.
Absent such evidence, regularity must be presumed in this case.
3. The applicant has not provided sufficient evidence showing that he was
incorrectly paid during his military service. Therefore, there is no basis
to grant the relief requested.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
3 December 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
_JEA____ _DED___ _JRH____ 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.
__James E. Anderholm_
CHAIRPERSON
INDEX
|CASE ID |AR20050015679 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060808 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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