IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080002127
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that his different tasks/assignments, the different locations of the cities in Vietnam where the tasks were performed, his special court-martial, and his 11 days served in Long Binh Jail are not shown on his DD Form 214. He states that after being confined he was not attached to any company or unit and he has photographs of things that he saw.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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's record shows he enlisted in the Regular Army on 6 May 1968. He was trained as an Ammunition Storage Specialist, in military occupational specialty (MOS), 55B. He was promoted to SP4/E-4 on 9 November 1969. He served until he was honorably discharged on 15 May 1970.
3. Item 38 (Record of Assignments), of his DA Form 20 (Enlisted Qualification Record), shows that he was assigned as a stock control clerk from 19 December 1968 to 22 June 1969, while assigned to Supply Company, 15th S & S (Supply and Service) Battalion, 1st Air Cavalry Division, and was assigned as a Cook from 23 June 1969 to 7 December 1969, with Company D, 227th Aviation Battalion, 1st Cavalry Division (AM [Airmobile]).
4. The applicants record contains a copy of his Special Court-Martial Order Number 19, dated 6 July 1969. It shows that he was convicted by a special court-martial on 2 July 1969, of being disrespectful towards his superior commissioned officer. His sentence consisted of a forfeiture of pay, a reduction to pay grade E-2, and 45 days of restriction.
5. Item 44 (Time Lost), of the applicant's DA Form 20 (Enlisted Qualification Record), shows he was absent without leave (AWOL) from 27 November 1968 to 8 December 1968 (11 days).
6. There is no evidence to show the applicant served in the Long Binh Jail.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant served as a stock control specialist and special cook while serving in Vietnam. His DA Form 20, in item 38, lists only the principal duty being performed while assigned to his organization and station or theater.
2. There is no evidence, and the applicant has provided none, to show that he performed any special tasks beside those shown in item 38 of his DA Form 20 while he served in Vietnam. Based on the available evidence, his records are correct as currently constituted.
3. The results of the applicants special court-martial in the form of orders were placed in his local 201 File. A review of these orders revealed nothing that needed to be added to his DD Form 214.
4. The applicant alleges that he served 11 days in Long Binh Jail in Vietnam and that after being confined he was not attached or assigned to a unit. The evidence fails to show he was in jail or that during any given period he was unassigned. The evidence also shows that during the period he was AWOL from 27 November 1968 to 8 December 1968, he was en route to the USARPAC (United States Army Pacific).
5. The applicant also alleges that he took photographs of things he saw while assigned to Vietnam; however, he provided none in support of his application, and it is not apparent how things he photographed would help to correct his record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ 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.
_ ___x____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080002127
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ABCMR Record of Proceedings (cont) AR20080002127
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