RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060004043


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, in effect, correction of item 18f (Foreign
and/or Sea Service This Period), of his DD Form 214 (Report of Separation
from Active Duty), to show that he served in Panama for 3 months.

2.  The applicant states, in effect, that he served in Panama for 3 months
for jungle operations and completed the Jungle Warfare Training Course.
However, his  DD Form 214 does not show his foreign service.

3.  The applicant provides a copy of his DD Form 214 and a copy of his
course complete certificate for the Jungle Warfare Training Course in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 9 March 1976, the date of his discharge.  The application
submitted in this case is dated 8 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's record shows he enlisted in the Regular Army on
12 March 1975.  The applicant successfully completed basic combat training
at Fort Jackson, South Carolina, and advanced individual training at Fort
Sill, Oklahoma.  On completion of his advanced training, he was awarded the
military occupational specialty (MOS), 13B, Field Artillery Crewman.

4.  He was advanced to pay grade E-3 effective 1 December 1975.

5.  The applicant continued to serve until he was honorably discharged on
9 March 1976, under the provisions of Army Regulation 635-200, chapter 5,
paragraph 5-37, Expeditious Discharge Program (EDP).

6.  Item 18f, of the applicant's DD Form 214, does not show any foreign
service.  Item 5 (Overseas Service), of his DA Form 2-1 (Personnel
Qualification Record-Part II) is blank, and item 17 (Civilian Education and
Military Schools), shows that he completed the Jungle Warfare Course, which
was 2 weeks in length, in 1975.

7.  The applicant provided a copy of his course completion certificate for
the Jungle Warfare Training Course, which shows that he successfully
completed the course and was designated a jungle expert on 14 November
1975, at Fort Sherman, Canal Zone, Panama.

8.  A review of the applicant's records failed to show that he ever served
in Panama for a period of 3 months for jungle operations.

9.  Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214.  In pertinent part, it directs that
foreign service performed during the period covered by the DD Form 214 will
be entered in item
18f.  The regulation also states that the amount of foreign service will be
taken from the Soldier's Enlisted Qualification Record or, if necessary,
verified from the Soldier's Military Personnel Records Jacket. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant served in Panama as evidenced by
his successful completion of the Jungle Warfare Training Course, which was
2 weeks in length, and which designated him a jungle expert on 14 November
1975, at Fort Sherman, Canal Zone, Panama.  However, his completion
certificate and DA Form 2-1, item 17, failed to show the inclusive period
of his service in Panama.  This evidence is not sufficient to correct his
records to show his service in Panama.

2.  There is insufficient evidence to show that the applicant served in
Panama for 3 months for jungle operations as he alleges.  Therefore, he is
not entitled to correction of item 18f, of his DD Form 214, to show that he
served in Panama for 3 months.  His records are correct as currently
constituted.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 March 1976; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 March 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

_JI _____  _KSJ____  _GJP____  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 Infante_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004043                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19760309                                |
|DISCHARGE AUTHORITY     |AR  635-200, paragraph 5-37             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |120                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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