RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 May 2007
DOCKET NUMBER: AR20060015282
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 the entry Desertion be removed from Page 3 and Page 4 of his DA Form 20 (Enlisted Qualification Record). He also requests, in effect, that his date of rank (DOR) to private first class (PFC), E-3 and his military occupational specialty (MOS) 67N20 (Helicopter Crew Chief) be added to his DA Form 20.
2. The applicant states that there is no desertion on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He states his DD Form 214 shows he received an honorable medical discharge due to permanent physical disability which happened during the performance of his military duties. He states, in effect, that it [physical disability] was not addressed by his chain of command at the time so he had to seek outside medical treatments to try to fix the ailment.
3. The applicant provides a copy of his DD Form 214 and his DA Form 20.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which he states he discovered on 1 July 2002. The application submitted in this case is dated 2 May 2006; however, the application was received in this office on 1 November 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 enlisted in the Regular Army on 26 December 1968 in pay grade E-1. He completed basic combat training at Fort Lewis, Washington and completed advanced individual training at Fort Eustis, Virginia.
4. The applicant signed his DA Form 20 on 9 January 1969. His DA Form 20 shows the entry Dropped From Rolls - Desertion in item 38 (Record of Assignments) on Page 3.
5. His DA Form 20 shows the entry AWOL - Desertion in item 44 (Time Lost under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) on Page 4.
6. His DA Form 20 does not list any military occupational specialties in item 22 (MOS).
7. The applicant was retired on 12 November 1971 by reason of physical disability with service characterized as honorable. His DD Form 214 shows four periods of lost time under Title 10, Section 972 for a total of 610 days.
8. His DD Form 214 shows he was retired in the rank and pay grade of PFC, E-3 with a DOR of 13 June 1969.
9. His DD Form 214 shows his specialty number and title as 67N2O Helicopter Crew Chief.
10. At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20. In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.
11. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel. As the applicant no longer has a military status, and he signed the DA Form 20 on 9 January 1969 with the errors, the Board is reluctant to recommend that those records be changed. The DD Form 214 is the document used to record the military history of a separated individual.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 July 2002; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 June 2005. 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
x_____ x_____ x_____ GRANT FORMAL HEARING
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
AR20060015282
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070531
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070017022
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to show he performed duties as a crew chief. The applicant’s DA Form 20 does not show and there is no other evidence of record to show that he performed duties as a crew chief, and he audited his DA Form 20 shortly before he left Vietnam.
ARMY | BCMR | CY2007 | 20070017022
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 March 2008 DOCKET NUMBER: AR20070017022 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. The applicant requests that his records be corrected to show he performed duties as a crew chief. The applicants DA Form 20 does not show and there is no other evidence of record to show that he performed duties as a...
ARMY | BCMR | CY2012 | 20120003992
The applicant requests: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 December 1971 to show award of the Air Medal (9th through 18th Award) * additional Air Medals based on the additional combat flight time he accrued during his second tour of duty in the Republic of Vietnam * issuance of two "honorable discharge lapel pins" (properly known as Army Lapel Buttons) 2. He participated in various combat missions...
ARMY | BCMR | CY2009 | 20090020203
The applicant's service record contains orders which show he performed duty as a crew member in the Republic of Vietnam. Therefore, should be awarded the Army Good Conduct Medal (First Award) and is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 30 September 1968 through 28 August 1971 and b....
ARMY | BCMR | CY2007 | 20070016919
The applicant's DA Form 20 also shows that, although he was awarded a UH-1 Helicopter Repairman MOS, he performed the duties of a Crew Chief from 18 September 1969 until 29 December 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a) amending his DD Form 214 to show that he completed 10 years, 4 months and 4 days of Foreign Service; and b) voiding the entry "67N30 SVC SCHOOL SFCT MAINT" from his DD Form 214 and...
ARMY | BCMR | CY2012 | 20120006702
The applicant requests award of the Purple Heart, Crew Chief Wings, Air Medals, and any unit awards to which he is authorized. However, there is no evidence of record and he did not provide any evidence that shows he met the minimum criteria for award of the either the Air Medal or the Aircraft Crew Member Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal...
ARMY | BCMR | CY2015 | 20150000614
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Air Medal and the Aircraft Crew Member Badge for his service as a crew chief in the Republic of Vietnam. He was on many air missions and recoveries during his time in Vietnam and he knows he had more than enough hours to qualify for the Air Medal and the Aircraft Crew Member Badge. His DD Form 214 shows he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2011 | 20110021981
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show award of the Air Medal with "V" Device. ABCMR Record of Proceedings (cont) AR20110021981 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021981 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120008428
Army Regulation 672-5-1 (Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. There are no general orders available that show he was awarded the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal from his DD Form 214; b. awarding him the Army Good Conduct Medal (1st Award) for the period 23 September 1968 to 27 April...
ARMY | BCMR | CY2011 | 20120000810
While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to show it. As a result, the Board recommends that all Department of...