IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080006871
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, that his separation document (DD Form 214) be corrected to show he served during the Cuban Missile Crisis.
2. The applicant states, in effect, that he requests a correction to his DD 214 by issuance of a DD Form 215 to show he was activated for the Cuban Missile Crisis.
3. The applicant provides his DD Form 214 in support of his application.
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 records show he enlisted in the Regular Army and entered active duty on 29 June 1962. His record also shows he never completed advanced individual training (AIT) and was never awarded a military occupational specialty (MOS). His record documents no acts of valor, significant achievement or service warranting special recognition. It further shows the applicant received no individual awards or decorations while serving on active duty.
3. The applicant's Service Record (DA Form 24) shows, in Section 2 (Chronological Record of Military Service), that during his tenure on active duty he was assigned to Fort Knox, Kentucky, Fort Polk, Louisiana, and
Fort Sheridan, Illinois. Section 5 (Service Outside Continental United States) is "Blank" indicating he was never assigned overseas.
4. The applicant's Official Military Personnel File is void of any orders or other documents which show his activation/participation in support of Cuban Missile Crisis.
5. On 29 November 1962, the applicant was separated with a general, under honorable conditions discharge (GD) after completing a total of 5 months and
1 day of active military service. Item 24c (Foreign and/or Sea Service) of the
DD Form 214 issued to him at the time is blank, and the applicant authenticated this document with his signature in Item 34 (Signature of Person Being Transferred or Discharged) on the date of his separation.
6. Army Regulation 635-5 (Separations Documents) prescribed the separation documents that will be furnished to Soldiers who are separated from active duty, and contains item-by-item instructions for entries on the DD Form 214. The version of the regulation in effect at the time of the applicant's discharge stated, in pertinent part, that Item 24c (Foreign Service) would contain the total service performed outside the continental United States for the period covered by the
DD Form 214, and the last theater where overseas service was performed. The regulation provided no provisions of entries regarding service in support of the Cuban Missile Crisis anywhere on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect his activation for and/or participation in the Cuban Missile Crisis was carefully considered. However, there is insufficient evidence to support this claim.
2. The regulation governing the preparation and issue of the DD Form 214 in effect at the time of the applicant's discharge provided no provisions for entries anywhere on the DD Form 214 regarding activation for or participation in the Cuban Missile Crisis, or to document service in support of the Cuban Missile Crisis. Further, even if there were an appropriate entry, the applicant's record fails to show he was activated as a result of, or that he served in direct support of the Cuban Missile Crisis. As a result, it would not be appropriate or serve the interest of justice or equity to grant the requested relief.
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.
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) AR20080006871
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ABCMR Record of Proceedings (cont) AR20080006871
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