IN THE CASE OF:
BOARD DATE: 29 October 2010
DOCKET NUMBER: AR20100012503
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 temporary duty (TDY) from February 1966 to June 1966 be reflected on his DD Form 214.
2. The applicant states that his TDY from February 1966 to June 1966 is not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted in Denver, Colorado on 22 April 1965. He completed his training as a supply specialist and was transferred to Verdun, France on 31 October 1965 for duty as a signal supply and parts specialist. He was promoted to the pay grade of E-5 on 28 September 1966.
3. He departed France on 15 March 1967 and was transferred to Fort Hamilton, New York where he was honorably released from active duty (REFRAD) on 16 March 1967 due to the permanent change of station of his unit. He had served 1 year, 10 months and 25 days of total active service.
4. His DD Form 214 issued at the time of his REFRAD shows no indication of any TDY performed by the applicant during his service. Additionally, his records contain no evidence of his having gone TDY to any location other than his unit.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that periods of TDY are not reflected on the DD Form 214 unless the TDY is performed in an area authorized imminent duty or hostile fire pay and the area and period served will be reflected in the remarks section of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. 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 applicants record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant does not state the location of his TDY and his records do not indicate that he served in an area that would qualify for an entry to be made on his DD Form 214.
3. Therefore, in the absence of evidence to show that he served in an area that would qualify for an entry to be made on his DD Form 214, such as Vietnam, there appears to be no basis to grant his request.
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) AR20100012503
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ABCMR Record of Proceedings (cont) AR20100012503
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