RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 June 2007
DOCKET NUMBER: AR20060017091
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan
Chairperson
Mr. Michael J. Flynn
Member
Mr. Jeffrey C. Redmann
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, in effect, appointment as a second lieutenant in the United States Army.
2. The applicant states, in effect, that he completed all of the military requirements and feels he should have been appointed a commissioned officer.
3. The applicant provides copies of his Report of Separation from the Armed Forces of the United States (DD Form 214), Reserve Officers Training Corps Certificate, and his Bachelor of Science degree diploma.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 30 June 1953, the date of his release from active duty. The application submitted in this case is dated 29 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. On 12 July 1951, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was assigned for duty as an infantryman.
4. The applicant served with Company L, 32nd Infantry Regiment in the Republic of Korea. He was wounded in combat on 24 September 1952 and was awarded the Purple Heart and the Combat Infantryman Badge.
5. On 30 June 1953, the applicant was honorably released from active duty and transferred to the Enlisted Reserve Corps. He attained the rank of master sergeant and had completed 1 year, 11 months, and 19 days of creditable active duty.
6. On 29 May 1957, the applicant completed a 4-year Reserve Officers Training Corps program and received a military training certificate, given at the college of Agriculture and Mechanic Arts, Mayaguez, Puerto Rico. The certificate indicates that he was eligible, if otherwise qualified, to enlist in the Enlisted Reserve Corps in the pay grade of E4.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant served with honor and distinction in battle. He also completed a 4-year program of study in the Reserve Officers Training Corps which entitled him to enlist as an E4, if otherwise qualified. It did not entitle him to commissioning.
2. There is no evidence showing that the applicant ever applied for a commission in the United States Army, or that one was ever offered to him.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 June 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
29 June 1956. 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
__MJF __ __cd____ __JCR __ 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.
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060017091
SUFFIX
RECON
DATE BOARDED
20070607
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
102.0000
2.
3.
4.
5.
6.
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