RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060011157
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. William Crain
Chairperson
Mr. Edward Montgomery
Member
Ms. Rea Nuppenau
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, that items 31 (Foreign Service) and 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record) be corrected.
2. The applicant states, in effect, that item 31 on his DA Form 20 should be corrected to show he was assigned to Taiwan from 8-22 September 1971. He also contends that item 38 on his DA Form 20 should be corrected to show he was on temporary duty (TDY) to Germany in the summer of 1972 and TDY to Vietnam for two weeks in October/November 1972.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty); a Republic of Vietnam Certificate of Outstanding Achievement; and a letter titled Vietnamese Awards, dated 20 June 1973, with three enclosures in Vietnamese.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
31 May 1974. The application submitted in this case is dated 5 May 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 applicants failure to timely file.
3. The applicant enlisted on 1 June 1970 for a period of 4 years. He served as an intercept demultiplex systems repairman and was released from active duty on 31 May 1974.
4. Item 31 on the applicants DA Form 20 shows that he served in Japan from
23 September 1971 to 13 April 1972; that he was TDY in Germany for three months (20 June 1973 to 25 September 1973); and that he was TDY in Thailand for two months (25 September 1973 to 23 November 1973).
5. Item 38 on the applicants DA Form 20 shows his TDY assignment in Germany.
6. The applicant's DA Form 20 was reviewed and authenticated by the applicant on 10 May 1972.
7. There is no evidence of record in the applicants service personnel records which shows he was TDY to Taiwan.
8. The applicants service personnel records contain the Republic of Vietnam Certificate of Outstanding Achievement for meritorious service while in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. The available evidence confirms he was TDY in Germany in 1973 (but not in 1972) and in Vietnam (but not in Taiwan). However, the DA Form 20 is prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel. As the applicant no longer has a military status, there is no basis to make any changes to his DA Form 20. This Record of Proceedings may be used to confirm his Germany and Vietnam TDY tours.
2. Records show the applicant should have discovered the alleged errors now under consideration on 31 May 1974; therefore, the time for the applicant to file a request for correction of any error expired on 30 May 1977. 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
WC____ _EM_____ _RN_____ 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.
__William Crain____________
CHAIRPERSON
INDEX
CASE ID
AR20060011157
SUFFIX
RECON
DATE BOARDED
20070308
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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