IN THE CASE OF:
BOARD DATE: 19 FEBRUARY 2009
DOCKET NUMBER: AR20080017354
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 that his 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his Combat Infantryman Badge, the Purple Heart and his other overseas medals. He also notes that his pay grade is incorrect.
2. The applicant states his Combat Infantryman Badge, Purple Heart, and other overseas medals are not recorded on his DD Form 214. He states they did me wrong on my rank.
3. The applicant provides a copy of his 1969 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. A review of the applicants 1969 DD Form 214 reflects entitlement to the Purple Heart as well as decorations associated with his service in Vietnam. The applicants available records also contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), issued on 9 March 2005, which corrected his 1969 DD Form 214 to reflect award of the Combat Infantryman Badge and several other decorations associated with his overseas service in Vietnam. A copy of the 2005 DD Form 215 will be provided to the applicant as part of this Board action. In view of the foregoing, that part of the applicants request pertaining to correction of his records to reflect additional decorations will not be further addressed by the Board.
3. The applicant enlisted in the Regular Army and entered active duty on
29 June 1966. By May 1968 he had attained the rank of specialist E-4.
4. Between April and June 1969 the applicant was punished several times under Article 15 of the Uniform Code of Military Justice (UCMJ). As a result of various UCMJ actions, the applicant was reduced to pay grade E-3 in April 1969, to E-2 in May 1969, and to E-1 in June 1969. The applicants military personnel file contains copies of each reduction order but does not contain copies of all the UCMJ actions associated with each reduction.
5. On 27 June 1969 the applicant was released from active duty with a general discharge under honorable conditions. His DD Form 214, which the applicant authenticated, reflects his grade and rank at the time of his separation as PVT (private) E-1.
6. On 6 October 1973 the applicant executed an enlistment contract for the United States Army Reserve. On that enlistment document, which the applicant authenticated, his grade and rank at the time of his June 1969 release from active duty was recorded as PV1 E1.
DISCUSSION AND CONCLUSIONS:
1. The evidence available to the Board confirms the applicant was serving in the rank of private E-1 at the time of his release from active duty in 1969. There is no evidence, and the applicant has not provided any, that his reductions were not warranted and not accomplished in compliance with applicable laws and regulations.
2. 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.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______ _ _______ ___
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) AR20080017354
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