IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090013733
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he won the 4th Army Division Heavy Weight Boxing Championship.
2. The applicant states that he wants his DD Form 214 amended to show his boxing championship. He contends that this omission was due to racism.
3. The applicant provides, in support of his application, a copy of his job resume.
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 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. On 18 August 1961, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 120.00 (Pioneer). He was subsequently assigned for duty in Europe with the 24th Engineer Battalion.
4. On 22 July 1964, the applicant departed Europe enroute to the United States.
5. On 31 July 1964, the applicant was released from active duty and transferred to the United States Army Reserve Control group (Reinforcement). He had attained the rank of private first class, pay grade E-3, and had completed
2 years, 11 months and 13 days of creditable active duty service.
6. Army Regulation 635-5 (Separation Documents), effective 13 August 1963, provided detailed instructions for completing separation documents, including the DD Form 214. It contained no provision for listing trophies or awards for winning an Army Division boxing championship.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he won the 4th Army Division Heavy Weight Boxing Championship.
2. The applicant's records contain no evidence showing that he won an Army division boxing championship. The applicant has not provided any documentary evidence of such an event.
3. Furthermore, the governing regulation for completion of the DD Form 214 did not provide authority for entering sporting events.
4. In view of the above, the applicant's request should be denied.
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) AR20090013733
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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