RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 October 2006
DOCKET NUMBER: AR20060003565
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. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. Patrick H. McGann, Jr. | |Chairperson |
| |Mr. David R. Gallagher | |Member |
| |Mr. Roland S. Venable | |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 United States Coast Guard Unit
Commendation be added to his 6 January 2006 DD Form 215 (Correction to DD
Form 214).
2. The applicant states, in effect, there is no error or injustice but he
would like to have the award added to his discharge document.
3. The applicant provides copies of his 5 July 1968 DD Form 214 (Report of
Transfer or Discharge), a 6 January 2006 DD Form 215, and a 29 May 1999
Citation for Award of the Coast Guard Unit Commendation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 29 May 1999, the date of his award. The application
submitted in this case is dated 1 March 2006.
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. The records show the applicant entered active duty in the United States
Army on 8 July 1965. He served honorably and was released from active duty
on 5 July 1968.
4. His awards as listed on the DD Form 214 are the National Defense
Service Medal, the Vietnam Service Medal with one bronze service star, the
Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with
Rifle and Machinegun bars.
5. The applicant was awarded a Coast Guard Unit Commendation on 29 May
1999 for his service from June 1996 through June 1999.
6. A 6 January 2006 DD Form 215 corrected the applicant's records to show
that in addition to the awards listed on his DD Form 214 he is also
authorized the Republic of Vietnam Campaign Medal, the Meritorious Unit
Commendation, the Republic of Vietnam Civil Actions Honor First Class Unit
Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation
Badge, and to wear two bronze service stars on his Vietnam Service Medal.
7. Army Regulation 635-5 (Separation Documents), then in effect, stated
that only those awards or decorations authorized during the period covered
by the DD Form 214 will be included on that specific DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The inclusion of an award from the Coast Guard issued 31 years after
the DD Form 214 was issued is not appropriate as it does not reflect an
award earned or awarded during the period covered by the DD Form 214.
2. Therefore, the applicant has established no basis for correcting his DD
Form 214 or his DD Form 215.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 May 1999; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 28 May 2002. 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
__PHM__ _DRG __ ___RSV__ 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.
__Patrick H. McGann, Jr. ___
CHAIRPERSON
INDEX
|CASE ID |AR20060003565 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061011 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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