RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 March 2007
DOCKET NUMBER: AR20060012400
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. Kenneth Wright
Chairperson
Mr. Chester Damian
Member
Ms. Ernestine Fields
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 DD Form 214 (Report of Transfer or Discharge) to show he had a hearing loss/disability.
2. The applicant states that during his separation physical examination a hearing loss was detected but it is not listed on his DD Form 214. He contends that he served as a tank company commander in the M-60 tank for over two years and that a hearing loss was expected and very usual. He states that a notation of a disability is minor but it is important to him.
3. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 25 August 1971. The application submitted in this case is dated 22 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 applicant was appointed a second lieutenant in the U.S. Army Reserve on 31 May 1968. He was ordered to active duty on 10 November 1968 and served in Germany and Vietnam. On 25 August 1971, the applicant was released from active duty in the rank of captain.
4. The applicants DD Form 214 does not show any medical conditions.
5. Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214. There is no provision to show medical conditions on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since there is no provision to show medical conditions on the DD Form 214, there is no basis for granting his request.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 August 1971; therefore, the time for the applicant to file a request for correction of any error expired on 24 August 1974. 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
KW_____ ___CD___ _EF___ 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.
___Kenneth Wright_____
CHAIRPERSON
INDEX
CASE ID
AR20060012400
SUFFIX
RECON
DATE BOARDED
20070327
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
145.0000
2.
3.
4.
5.
6.
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