IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090017986
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 a duty assignment in Panama be shown on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he served with Headquarters and Headquarters Company (HHC), 508th Airborne Infantry Battalion at Fort Kobbe, Canal Zone from May 1964 to June 1966. He contends this service is not shown on his DD Form 214 and he is unable to join military organizations.
3. The applicant provides a copy of 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. Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 14 January 1964 for a period of 3 years. Item 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record) shows he served as a medical specialist assigned to HHC, 3rd Battalion (Airborne), 508th Infantry at Fort Kobbe, Canal Zone from 24 April 1964 to 6 June 1966. On
13 January 1967, he was released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation.
3. The applicant's DD Form 214 shows the Parachutist Badge, National Defense Service Medal, and Drivers Badge as authorized awards.
4. Item 31 (Foreign Service) on the applicant's DA Form 20 shows he served in Panama from 23 April 1964 through 10 June 1966.
5. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting the applicants request to show his duty assignment in Panama on his DD Form 214. His service in Panama is properly reflected on his DA Form 20.
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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