BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090003893
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 the unit name on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected.
2. The applicant states he served with Headquarters Battery, 29th not the 24th Anti-Aircraft Artillery Battalion (AAA BN).
3. The applicant provides a copy of 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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. The available records consist of those records described above.
3. Block 28 (Most Significant Duty Assignment) on his DD Form 214 shows "Hq Btry 24th AAA AW (Sp) Bn."
4. Multiple searches by the staff of the National Archives and Records Administration of unit records, including morning reports; and medical, dental and hospital records, failed to reveal any evidence to substantiate the applicant's assertion.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he served with Headquarters Battery, 29th not the 24th Anti-Aircraft Artillery Battalion (AAA BN).
2. Unfortunately, there is no available documentation and the applicant provided none to substantiate his case.
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.
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