IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100013236
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, in effect, deletion of the entry "Excess leave of
11 days from 16 May 68 thru 26 May 68" from item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the entry in item 30 is untrue and carries with it a stigma akin to being absent without leave. He points out his travel orders from Vietnam to Fort Sam Houston, TX, clearly state he has 40 days of leave. Prior to leaving Vietnam, he checked with his commanding officer regarding his leave and he said "if it says 40 days, it's 40 days." The assumption at that time was he had not taken "R&R" [rest and recuperation] while in Vietnam and the days were added as leave between duty stations. Upon reporting to Fort Sam Houston, the commanding officer stated he had been absent for 11 days. He produced his travel orders and the commanding officer said it did not matter and that no one gets 40 days.
3. The applicant provides a copy of his:
* DD Form 214
* Reassignment orders
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 into the Army of the United States on 3 October 1966. He served in Vietnam from 15 April 1967 to 14 April 1968. He was honorably released from active duty on 2 October 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 30 of his DD Form 214 shows he was on excess leave of 11 days from 16 May 1968 through 26 May 1968.
4. There is no evidence of record which shows the applicant was not placed on excess leave during the period 16 May 1968 through 26 May 1968.
5. In support of his claim, the applicant provided reassignment orders, dated
28 March 1968, which show he had 40 days of leave.
6. Army Regulation 630-5 (Leaves and Passes), in effect at the time, governs the policy and procedures regarding chargeable leave, emergency leave, leave outside the United States, and permissive temporary duty. Excess leave is defined as leave in excess of accrued or advance leave. The member is not entitled to pay and allowances for a period of such leave.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions and the reassignment orders he provided have been considered; however, without his pay records/leave and earnings statements to verify his leave status during the period in question, it must be presumed the information on his DD Form 214 concerning excess leave is correct.
2. The applicant's pay records and/or leave and earnings statements might verify his contention. However, those records/documents are not available to the Board, and he has the burden of proving the error.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100013236
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013236
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080000305
The applicant's records contain a copy of a DA Form 1 (Morning Report) which shows that while he was in Vietnam, he returned to the United States and was attached to FSH for consideration of a hardship discharge. The evidence shows the applicant was granted 30 days leave upon reassignment from Vietnam to WSMR and he reported to his new assignment on 6 January 1970. The applicant's issue, in effect, pertaining to item 30, of his DD Form 214, which shows excess leave of 15 days from 15 to 30...
ARMY | BCMR | CY2014 | 20140005090
The applicant requests correction of his DD Form 214 (Armed Forces of the United State Report of Transfer or Discharge) to show his foreign service in Vietnam. Records show: * he was issued orders to report to Vietnam in July 1969 * he submitted an application for compassionate reassignment * he was attached to the Casual Detachment at Fort Sam Houston, TX, on 4 August 1969 pending receipt of permanent change of station reassignment orders from the overseas unit * his compassionate...
ARMY | BCMR | CY2008 | 20080014467
Application for correction of military records (with supporting documents provided, if any). The applicants military service records contain a statement on Headquarters, U.S. Army Reception Station, U.S. Army Training Center, Infantry, Fort Lewis, Washington, letterhead, dated 29 September 1967. The applicant's military service records contain a DA Form 3082-R (Statement of Medical Condition), dated 12 September 1969.
ARMY | BCMR | CY2008 | 20080016157
The applicant requests award of the Combat Medical Badge (CMB). He states he had field training and hospital duty then he was transferred to Company D, 1st Medical Battalion in Vietnam in September 1966. There is no evidence of record which shows the applicant was assigned or attached to an infantry unit that was engaged in active ground combat or was personally present and under fire as required for award of the CMB.
ARMY | BCMR | CY2010 | 20100026136
He states that his DD Form 214 does not show award of the Purple Heart. There is no evidence in his record showing he was wounded during his period of service in Vietnam. He provided insufficient evidence and there is no evidence of record to show he was wounded or injured as a result of hostile action during his period of service in Vietnam and he was awarded the Purple Heart.
ARMY | BCMR | CY2008 | 20080001995
A. W. Analyst The following members, a quorum, were present: Mr. T. K. Chairperson Mr. J. L. P. Member Mr. D. T. Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that she be provided an extension of her transportation and shipping entitlements. It is not reasonable that a Colonel would misunderstand the 1 year time limitation on selection of a final home and transportation of household goods...
ARMY | BCMR | CY2015 | 20150001529
The applicant provides the following in support of his request: * DD Form 214 * AHRC Form 249-E * Email correspondence between himself and HRC * NGB Form 22 (Report of Separation and Record of Service), effective 25 April 1988 * NGB Form 23C * 10 Leave and Earnings Statements from July 1987 through April 1988 * Orders 40-3-A-27, issued by Headquarters, U.S. Army Fourth Region, U.S. Army Reserve Officer's Training Corps (ROTC) Cadet Command, Fort Lewis, Washington on 11 March...
ARMY | BCMR | CY2013 | 20130006688
He was discharged and was drawing disability when his father received the letter from the Army that he was AWOL. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 26 November 1969 * DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty), dated 12 May 1981 * Special Orders Number 250 (discharge), dated 20 November 1969 * Special Orders Number 65 (Army Good Conduct Medal), dated 28...
ARMY | BCMR | CY2008 | 20080019019
His DD Form 214 issued at the time of his REFRAD reflects that he had served 2 years, 3 months, and 7 days of foreign service during the period covered by the DD Form 214. Effective 1 October 1979, that regulation was changed and provided that a DD Form 214 would not be issued for periods of immediate reenlistment. 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.
ARMY | DRB | CY2005 | 20050009694
The evidence of record confirms the applicant's Home of Record at the time he was ordered to active duty in 1995 was the State of Connecticut, and the place from which he was ordered to active duty was the State of New York. The applicant is advised that the absence of entitlement to HHG shipment on his retirement orders and the absence of an authorization for additional travel pay is the result of his personal decision to elect non- regular retirement, and to remain in San Antonio...