IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014013
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, his DA Form 20 (Enlisted Qualification Record) be corrected to show a duty assignment in the Old Honor Guard.
2. The applicant states:
* he was in the Old Honor Guard for 4 months (June to October 1967) but his DA Form 20 only shows he was a rifleman
* he recently applied for disability benefits but his records dont show he served in the Honor Guard
* he was initially assigned as a rifleman at Fort Myer, VA but 2 weeks later he was assigned to the Honor Guard at Fort McNair in Washington, D.C.
* he needs his records to show he was in the Honor Guard for disability purposes
3. The applicant provides:
* Page 3 of a Department of Veterans Affairs (DVA) document
* DA Form 20
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Certification of Military Service
* Service personnel records
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
22 November 1966. He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman) and later awarded MOS 94A (cook). On 21 November 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 38 (Record of Assignments) of his DA Form 20 shows his duty MOS was 11B and his principal duty was rifleman during the period 6 June 1967 through
23 October 1967 while assigned to Company A, 1st Battalion (Reinforcement), 3rd Infantry at Fort Myer, VA.
4. Headquarters, 1st Battalion (Reinforcement), 3d Infantry (The Old Guard) Special Orders, dated 18 October 1967, show he was reassigned to Fort McNair.
5. At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20. In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.
DISCUSSION AND CONCLUSIONS:
1. As the applicant no longer has a military status, there is no basis to change to his DA Form 20. However, his DA Form 20 already shows he was assigned to the 3d Infantry at Fort Myer, VA, which is The Old Guard, and thus there is no error on the form.
2. The 18 October 1967 reassignment orders will be provided to the applicant so the DVA will be able to see he was assigned to the Old Guard in 1967.
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) AR20110014013
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014013
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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