IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100025086
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 military records as follows:
* Add any unit awards pertaining to the 34th Signal Battalion
* Authorize him Government insurance
2. The applicant states he has a service-connected disability for his eyes. This condition happened while he was in the Army. He needs to get Government insurance and also wants to add any unit citations pertaining to the 34th Signal Battalion.
3. The applicant provides a name change court order and a letter from the Social Security Administration.
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. With respect to the insurance issue, the ABCMR corrects records. The Board considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The issuance of Government insurance is not within the purview of this Board. Therefore, this issue will not be discussed further in the Record of Proceedings.
3. The applicant's records show he enlisted in the Regular Army on 20 May 1960 and held military occupational specialty (MOS) 723.10 (Teletype Operator). Subsequent to completing MOS training, he was assigned to Company D, 34th Signal Battalion, Germany, from on or about 14 January 1961 to on or about 26 January 1962.
4. He was honorably released from active duty on 17 May 1963 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. His DD Form 214 shows he completed 2 years, 11 months, and 28 days of creditable active service, of which 1 year and 13 days was foreign service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show any awards.
6. Department of the Army Pamphlets 672-1 and 672-3 (Unit Citation and Campaign Participation Credit Register) do not list the 34th Signal Battalion as the recipient of any unit awards during the applicant's assignment to this unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show any unit awards pertaining to the 34th Signal Battalion.
2. The applicant served with the 32nd Signal Battalion in Germany from on or about 14 January 1961 to on or about 26 January 1962. However, during this period of service, his unit was not cited for any unit awards. Therefore, there is insufficient evidence to award him the 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) AR20100025086
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ABCMR Record of Proceedings (cont) AR20100025086
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