RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 April 2007
DOCKET NUMBER: AR20060014580
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. William F. Crain | |Member |
| |Mr. Dale E. DeBruler | |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his tour of
combat duty in Vietnam.
2. The applicant states he served in Vietnam from January 1967 to February
1968. He needs this correction to obtain health benefits for his condition
that resulted from Agent Orange exposure during the covert mission of
testing tanks and to obtain a county tax reduction.
3. The applicant provides a Standard Form 180 (Request Pertaining to
Military Records).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 July 1968. The application submitted in this case is dated
5 October 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 was inducted into the Army on 1 August 1966. He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11E (Armor Crewman).
4. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
assigned to the 6th Battalion, 32d Armor, Fort Knox, KY on 21 October 1966.
5. The applicant’s DA Form 20 shows he was transferred to Headquarters and
Headquarters Company, U. S. Army Armor and Engineer Board, Fort Knox, KY on
11 January 1967.
6. D Troop, 6th Battalion, 3d Armor, Fort Knox, KY Unit Orders Number 5,
dated 11 January 1967, promoted the applicant to Private First Class, E-3.
D Troop, 6th Battalion, 32d Armor, Fort Knox, KY Unit Orders Number 33,
dated 15 June 1967, promoted him to Specialist Four, E-4.
7. The applicant’s service medical records show he was given a follow-up x-
ray on 3 August 1967 at Ireland Army Hospital, Fort Knox, KY for a positive
Tine Test in November 1966.
8. The applicant was honorably released from active duty on 31 July 1968.
His DD Form 214 does not show he served any foreign service.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided no evidence to show he was in Vietnam and the
evidence of record (medical records, promotion orders) shows he was at Fort
Knox, KY during the period of time he contended he was in Vietnam.
2. Regrettably, there is insufficient evidence to correct his DD Form 214
to show he served in Vietnam.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 July 1971. 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
__wdp___ __wfc___ __ded___ 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 D. Powers___
CHAIRPERSON
INDEX
|CASE ID |AR20060014580 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070426 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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