RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 November 2007
DOCKET NUMBER: AR20070009243
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. Gerald J. Purcell
Member
Mr. John G. Heck
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 military service time for the Cuban Missile Crisis be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant makes no additional statement.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 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. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 10 September 1958. He was honorably released from active duty on 9 September 1961. There is no evidence of record to show that he was recalled to active duty after his September 1961 separation.
3. On 23 August 1962, President Kennedy called a meeting of the National Security Council to air concerns that Soviet missiles were in the process of being introduced into Cuba. On 31 August 1962, the President was informed that a 29 August 1962 U-2 mission confirmed the presence of surface-to-air-missile batteries in Cuba. In October 1962, the President confronted the Soviet ambassador with the findings. On 24 October 1962, ships of the U. S. Navy blockaded Cuba. On 28 October 1962, Soviet Premier Khrushchev broadcast a message on Radio Moscow stating that the cited batteries would be dismantled and returned to the Soviet Union.
4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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 applicant was released from active duty in September 1961, a year prior to the start of the Cuban Missile Crisis. There is no evidence of record to show he was recalled to active duty to serve during the Crisis.
2. Even if the applicant had been recalled to active duty during that Crisis, the DD Form 214 is only a snapshot of a members service at the time of separation; therefore, service during the Crisis would not be entered on his DD Form 214 for the period ending 9 September 1961.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__wdp___ __gjp___ __jgh___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__William D. Powers___
CHAIRPERSON
INDEX
CASE ID
AR20070009243
SUFFIX
RECON
DATE BOARDED
20071127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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