RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      25 July 2006
      DOCKET NUMBER:  AR20060000185


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 he be paid interest on the money he
deposited to the Soldiers Savings Program.

2.  The applicant states that he received only the $100.00 per month that
he deposited in the Soldiers Savings Program while in Vietnam and that when
he enrolled in the program he was told that it was to be tax free with
interest compounded at 10% quarterly.  He goes on to state that others got
their money with interest compounded at 10% quarterly; however he did not.
He further states that he was told that he could apply for his money
anytime after he left the service.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 9 September 1969.  The application submitted in this case was
received on 30 December 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.  He enlisted in Atlanta, Georgia, on 1 November 1966 for a period of 3
years.  He completed his training at Fort Riley, Kansas, and was
transferred to Vietnam on 29 July 1967.  He was assigned to Troop F, 2nd
Squadron, 11th Armored Cavalry Regiment, 196th Light Infantry Brigade for
duty as an armor recon specialist.

4.  He was advanced to the pay grade of E-4 on 16 March 1968 and was
reclassified to military occupational specialty 76Y30 (unit supply
specialist) on 18 March 1968.

5.  He departed Vietnam on 29 July 1968 and was transferred to Fort Hood,
Texas.  He was promoted to the pay grade of E-5 on 11 March 1969.
6.  On 9 September 1969, he was honorably released from active duty
(REFRAD) to enter or return to college, university, or equivalent
institution.  He had served 2 years, 10 months and 9 days of total active
service.

7.  The applicant again enlisted in the Regular Army on 14 June 1971 and
after completing his training as an avionics communication equipment
repairman he was transferred to Vietnam.  He served in Vietnam from 23 July
1972 to 22 February 1973 and was then transferred to Fort Cambell,
Kentucky, where he remained until he honorably discharged on 13 June 1975
due to the expiration of his term of service (ETS).

8.  A review of his records fails to show any indication that he enrolled
in the Soldiers Savings Program or the amount that he contributed or
withdrew from the program.  There is also no indication that he made
inquiries to the Defense Finance and Accounting Service (DFAS) in Cleveland
regarding his account.

9.  The Soldiers, Sailors, Airmans Deposit Fund Account, now known as the
Savings Deposit Program was enacted by The Act of 14 August 1966, which
authorized members of the uniformed services who were serving on a
designated permanent duty assignment outside the United States, or its
possessions, to deposit their un-allotted current pay and allowances for
savings purposes.  Vietnam was one of the designated areas at the time.
Amounts up to $10,000 could be deposited with interest accrual at the rate
of 10% per annum, compounded at 2.5% quarterly.  Interest on funds
deposited ceased to accrue 90 days after the individual departed the
designated theater of operations.  Soldiers could remove their money from
the program by sending a letter to the DFAS.  That program was phased out
effective 30 June 1974 in conjunction with the withdrawal from Vietnam but
was again restarted in connection with the Persian Gulf conflict and is
still in effect.

DISCUSSION AND CONCLUSIONS:

1.  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 this requirement.

2.  The applicant has failed to show through the evidence submitted with
his application or the evidence of record that he did not receive the
benefits he was authorized to receive in conjunction with the Savings
Deposit Program.

3.  Inasmuch as the Board is not an investigative agency and since the
applicant has provided no evidence to substantiate his claim of some 37
years ago, there appears to be no basis to grant his request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 12 June 1974.  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

___LD___  __ALR___  __PMT _  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.




                                  _____Allen L. Raub _________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000185                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |( DENY)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |283/SDP                                 |
|1.128.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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