Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060017091
Original file (20060017091.txt) Auto-classification: Denied


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 applicant’s 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.


Similar Decisions

  • ARMY | BCMR | CY2004 | 20040004551C070208

    Original file (20040004551C070208.doc) Auto-classification: Approved

    The applicant requests that his records be corrected to show he was promoted to captain and, in effect, that he be issued an Honorable Discharge Certificate. There is no available evidence of record to show the applicant received a letter sometime between the fall of 1952 and May 1953 stating he was administratively promoted to captain in the active Reserve. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure...

  • ARMY | BCMR | CY2007 | 20070000174

    Original file (20070000174.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his military records to show that he was promoted to the rank of captain after 1 year of service. The applicant stated in this letter that he and the other dental officers were promised by the colonel who had recruited them into the United States Army that they would be promoted to captain after serving 12 months in the rank of first lieutenant. The liaison officer stated that when the applicant was ordered to active duty on 18 September...

  • ARMY | BCMR | CY2007 | 20070000469

    Original file (20070000469.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 June 2007 DOCKET NUMBER: AR20070000469 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. Table I (Regulations governing discharge and release from the active military service) further provided that members released from active military service and transferred to the Reserve components under the authority of...

  • ARMY | BCMR | CY2005 | 20050015794C070206

    Original file (20050015794C070206.doc) Auto-classification: Denied

    The applicant requests, in effect, that his discharge document be corrected to show his rank as first lieutenant. The applicant's military service records contain a copy of a DD Form 214, with an effective date of 28 February 1953, which shows that he entered into active service in the Army on 20 August 1951 as a second lieutenant and served as a commissioned officer in the Military Police Corps. This document shows that the applicant was honorably discharged as a Reserve commissioned...

  • ARMY | BCMR | CY2006 | 20060010942

    Original file (20060010942.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2007 DOCKET NUMBER: AR20060010942 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Good Conduct Medal, the National Defense Service Medal, the “American...

  • ARMY | BCMR | CY2005 | 20050005717C070206

    Original file (20050005717C070206.doc) Auto-classification: Denied

    The applicant requests, in effect, that the records of his deceased father, a former service member (FSM), be corrected by awarding the FSM all overseas awards and decorations; by amending the race entry pertaining to the FSM in Special Orders, dated 15 January 1953; by recognizing the pain and suffering of the FSM based on injuries and treatment for Tuberculosis he received while on active duty; by amending the FSM’s separation document (DD Form 214) to remove the 33 days of time lost...

  • ARMY | BCMR | CY2006 | 20060000623C070205

    Original file (20060000623C070205.doc) Auto-classification: Denied

    The applicant, the widow of the deceased former service member (FSM), requests that her husband's records be corrected to show that he was promoted to the rank of lieutenant colonel (O-5). He accepted an appointment in the ORC, in the grade of O-3, on 25 July 1946, and he was released from active duty in the grade of O-3 on 30 October 1946. The evidence of record shows that the FSM accepted an appointment in the ORC, in the grade of O-3, on 25 July 1946.

  • ARMY | BCMR | CY2008 | 20080000107C080213

    Original file (20080000107C080213.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: January 8, 2008 DOCKET NUMBER: AR20080000107 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 provided a DD Form 214 that shows he enlisted in the U. S. Navy on 6 May 1951 and was honorably discharged on 23 October 1951 after completing 1 year, 1 month, and 18 days of creditable active service...

  • ARMY | BCMR | CY2006 | 20060006324C070205

    Original file (20060006324C070205.doc) Auto-classification: Denied

    Although there is evidence to show that the applicant was medically evacuated from Vietnam to Letterman General Hospital for the purpose of having surgery (interior fusion of C6-C7), there is no evidence to show that the injury was incurred as a result of enemy action. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the...

  • ARMY | BCMR | CY2006 | 20060000650C070205

    Original file (20060000650C070205.doc) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. However, the evidence of record does establish that he is entitled to award of the ROK-KWSM for his time served in Korea. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.