RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2007
DOCKET NUMBER: AR20070001604
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.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Robert J. Osborn II
Member
Mr. Michael J. Flynn
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, that item 26a (Non-Pay Periods Time Lost) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states that he was never absent without leave (AWOL) on
29 April 1967. He states that the Charge of Quarters (CQ) made a mistake that was never corrected. He states, in effect, that he was placed on convalescent leave after leaving Walson Army Hospital Fort Dix, New Jersey.
3. The applicant provides a copy of his DD Form 214, a Standard Form
502 (Clinical Record Narrative Summary), and a copy of his claim for service connected compensation from the Department of Veterans Affairs.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
1 September 1968. The application submitted in this case is dated 25 January 2007.
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's military records show that he entered active duty on
1 September 1966. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 76Y2O (General Supply Specialist).
4. He served with Headquarters and Headquarters Battery, 24th Field Artillery (Air Defense) Coventry, Rhode Island.
5. Item 26a of his DD Form 214 shows the entry "1 Day AWOL 29 Apr 67." His clinical record narrative summary shows that he was a patient in the Walson Army Hospital during the period 20 February 1967 to 14 July 1967.
6. On 27 May 1968, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for AWOL during the period 23 May 1968 to 26 May 1968.
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states enter inclusive dates of non-pay periods and time lost during the preceding two years in item 26a.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that item 26a of his DD Form 214 be corrected.
2. There is no evidence to show that item 26a is incorrect. The applicant has provided no documentation to prove that the entry was in error.
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 this requirement.
4. The applicant's records show that he was AWOL for the period 23-26 May 1968. However, it is the Board's policy not to make anyone worse off than they already are. Therefore, there is no need to make a correction to item 26a of the applicant's DD Form 214.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
31 October 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
___mjf___ ___rjo___ ___jtm___ 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.
__________John T. Meixell____________
CHAIRPERSON
INDEX
CASE ID
AR20070001604
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070719
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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