RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060013068 


	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, in effect, that Item 25 (Education and Training Completed) of his 3 May 1972 separation document (DD Form 214) be corrected to show he completed Door Gunner School.  

2.  The applicant states, in effect, that his DD Form 214 does not show his attendance and completion of Door Gunner School at Fort Eustis, Virginia.  He states he is 54 years old, in bad health, and is unable to obtain medical care for his Post Traumatic Stress Disorder (PTSD) because he cannot prove he was in combat while serving in the Republic of Vietnam (RVN).  He now requests that his DD Form 214 be corrected to show he completed Door Gunner School so that he may receive the medical care needed. 

3.  The applicant provides no additional documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 3 May 1972.  The application submitted in this case is dated 
1 September 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 that he enlisted in the Regular Army and entered active duty on 12 May 1970.  He was trained in, was awarded, and served in military occupational specialty (MOS) 67N (Helicopter Repairman).  
It also shows the highest rank the applicant attained while serving on active duty was specialist four (SP4). 

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in Item 27 (Military Education), that he completed an 8-week UH-1 Helicopter Repairman Course at the United States Army Transportation School (USATSCH) in 1970.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the RVN from 27 August 1971 through 28 August 1972.  Item 38 (Record of Assignments) shows that during his tour in the RVN, he was assigned to the 610th Transportation Company, performing duties in MOS 67N as a helicopter repairman.  Item 41 (Medals, Decorations, and Citations) shows that during his active duty tenure, he earned the National Defense Service Medal, Vietnam Service Medal, Overseas Service Bar, Aircraft Crewman Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate he ever attended or completed a Door Gunner course.  

7.  On 3 May 1972, the applicant was honorably released from active duty after completing 1 year, 11 months, and 22 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal; Aircraft Crewman Badge; and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.  Item 25 (Education and Training Completed) is void of an entry pertaining to a Door Gunner course, and the applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged).

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time of the applicant's discharge provided for entering courses completed during the period covered by the DD Form 214, as documented in Item 27 of the DD Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he completed an 8-week Door Gunner course at Fort Eustis, Virginia was carefully considered.  However, there is insufficient evidence to support this claim.  Item 27 (Military Education) of his DA Form 20, while showing he completed the Helicopter Repairman course at Fort Eustis in 1970, does not contain an entry indicating he completed an 8-week Door Gunner course.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.  
2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 May 1972, the date of his separation.  Therefore, the time for his to file a request for correction of any error or injustice expired on 2 May 1975.  He 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

___x __  _x__  _x__  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.




_____x____
          CHAIRPERSON




INDEX

CASE ID
AR20060013068
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/29
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1972/05/03
DISCHARGE AUTHORITY
AR635-200
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100

110
3.

4.

5.

6.