RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060012146
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.
x
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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show his functional area (FA) of 45B (Comptroller).
2. The applicant states that his records are in error because the personnel clerk did not see his FA assignments during the final records review. He states he did not notice the error during his review of the draft of his DD Form 214.
3. The applicant provides a copy of his Officer Record Brief (ORB) and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 31 July 1994. The application submitted in this case is dated 17 August 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 applicants complete military records are not available to the Board. However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.
4. The Remarks section on the applicants ORB shows he had 36 months of prior enlisted and warrant officer service. The applicant was appointed as a commissioned officer in the Regular Army on an unknown date. He was ordered to active duty on 17 April 1977.
5. Section I (Assignment Information) on the applicants ORB shows he was awarded FA 45.
6. The applicants ORB shows he performed duties in FA 45A as a Comptroller in Korea from 4 July 1988 to 31 December 1990 (a period of 2 years, 5 months, and 27 days). His ORB also shows he was reassigned to Fort Belvoir, Virginia and performed duties in FA 45B as a Command Analyst from 2 August 1991 apparently to his date of separation (a period of 2 years, 11 months, and 29 days).
7. The applicant was released from active duty on 31 July 1994 by reason of retirement and was transferred to the Retired Reserve on the following date.
8. His DD Form 214 shows the entries 14A0000OO AIR DEFENSE ARTILLERY, GENERAL -- 11 YRS - - 9 MOS//14B0000OO SHORT-RANGE AIR DEFENSE ARTILLERY OFFICER (SHORAD) --17 YRS--4 MOS//NOTHING FOLLOWS in item 11 (Primary Specialty).
DISCUSSION AND CONCLUSIONS:
1. The applicants ORB shows he performed duties in FA 45 as a Comptroller (FA 45A) for 2 years, 5 months, and 27 days and he performed duties as a Command Analyst (FA 45B) for 2 years, 11 months, and 29 days, and was awarded FA 45.
2. Since the applicants ORB verifies he performed duties in FA 45 as a Comptroller (FA 45A) and as a Command Analyst (FA 45B), it would be appropriate to amend item 11 on his DD Form 214 to include the entry
FA 45 COMPTROLLER/COMMAND ANALYST 6 YRS 5 MOS AND 26 DAYS.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 July 1994; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 July 1997. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
x_______ x______x______ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11 on his DD Form 214 to include the entry FA 45 COMPTROLLER/COMMAND ANALYST 6 YRS 5 MOS AND 26 DAYS.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing FA 45B.
x_________
CHAIRPERSON
INDEX
CASE ID
AR20060012146
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070403
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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