RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20060003747
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. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. John T. Meixell | |Chairperson |
| |Mr. Peter B. Fisher | |Member |
| |Mr. Rowland C. Heflin | |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 his DD Form 214, Report of Separation From
Active Duty, be corrected to show his two tours of duty in Vietnam.
2. The applicant states that he served in Vietnam from 10 December 1965 to
1 December 1966 and again from 14 July 1971 to 8 March 1972.
3. The applicant provides a copy of his DD Form 214 and a page from his
DA Form 20, Enlisted Qualification Record.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 May 1976. The application submitted in this case is dated
10 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 applicant was honorably released from active duty on 31 May 1976 in
pay grade E-8 and placed on the Retired List the following day for years of
service.
4. The DD Form 214 the applicant was issued, shows in Item 25,
Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons
Awarded or Authorized, that he was awarded the Vietnam Service Medal. Item
19, Indochina or Korea Service Since August 5, 1964, has the “Yes” block
marked and has “651210-661201/710714-720308” entered.
5. Army Regulation 635-5, Personnel Separations, Separation Documents,
dated 20 August 1973, in effect at the time, paragraph 2-7, states that
Item 19 will have the “Yes” block marked for Vietnam service and will have
the specific dates of service entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s Vietnam service is properly recorded on his DD Form 214
by the entries in Item 19 and by his award of the Vietnam Service Medal.
2. As such, there is no error or injustice for the Board to correct.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1976; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1979. 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
___pbf __ ____rch__ ____jtm__ 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.
________John T. Meixell___________
CHAIRPERSON
INDEX
|CASE ID |AR20060003747 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061017 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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