RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 February 2007
DOCKET NUMBER: AR20060012280
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Ms. Linda D. Simmons
Member
Mr. Michael J. Flynn
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 correction of his military records to show his service in the Republic of Vietnam.
2. The applicant states that he was transferred from Okinawa to the Republic of Vietnam and was stationed there for several months.
3. The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 23 January 1972, the date of his release from active duty. The application submitted in this case is dated 15 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 applicantÂ’s failure to timely file.
3. On 21 May 1970, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 71H2O (Military Personnel Specialist)
4. On 12 August 1970, the applicant was assigned for duty as a company clerk with the 3rd Battalion, 3rd Basic Combat Training Brigade, Fort Leonard Wood, Missouri.
5. On 12 February 1971, the applicant was enroute overseas for duty in the Republic of Korea. On 15 March 1971, he was assigned duty as a clerk typist with Headquarters, Joint United States Military Assistance Group-Korea (JUSMAG-K).
6. On 1 April 1971, the applicant's duty station was changed to Okinawa.
7. On 19 January 1972, the applicant was returned to the United States and was subsequently released from active duty on 23 January 1972. He had completed 1 year, 8 months and 3 days of creditable active duty and attained the rank of specialist four, pay grade E4.
8. Item 12 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows he was assigned to JUSMAG-K with duty in Okinawa. Item 22c (Foreign and/or Sea Service) shows he was overseas for 10 months and
11 days. Item 30 (Remarks) indicates that he did not have any service in the Republic of Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was assigned to the JUSMAG-K for all of his overseas service. Furthermore, it shows that his duty stations included Korea and Okinawa, but does not include any evidence that he served in the Republic of Vietnam.
2. Therefore, based on the above, the applicant's request should not be granted.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
22 January 1975. 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
___LDS__ __BJE__ ___MJF__ 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.
__ Barbara J. Ellis_____
CHAIRPERSON
INDEX
CASE ID
AR20060012280
SUFFIX
RECON
DATE BOARDED
20070201
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
120
2.
3.
4.
5.
6.
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