IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130008513
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 record to show the U.S. Army Reserve (USAR) unit to which he was assigned was placed on "super active alert" between August 1968 and January 1971, declared combat ready, and ordered to deploy to Vietnam.
2. The applicant states:
* the correction to his records will make all members of his unit eligible for Department of Veterans Affairs benefits
* he remembers that Company C along with 1st Battalion, 157th Infantry Brigade was called to a special maneuver in full battle gear by a five-star general
* his unit was placed on "super active alert" though an act of Congress, in accordance with Title 10, U.S. Code (Armed Forces)
* for the next year the unit remained packed and ready to deploy; however, his unit never deployed
3. The applicant provides a self-authored statement.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 9 February 1966, the applicant enlisted in the USAR and was ordered to active duty for training on 31 January 1967.
3. On 6 June 1967, he was released from active duty for training and released to the USAR.
4. His DA Form 20 (Enlisted Qualification Record) shows:
a. item 31 (Foreign Service) - is blank;
b. item 38 (Record of Assignments) - he served in Philadelphia, PA, while assigned to Company C, 1st Battalion, 157th Infantry Regiment, during the period 9 February 1966 to 29 January 1971; and
c. item 38 - permanent orders discharged the applicant from the USAR on
29 January 1971.
5. The applicant's record is void of any evidence that shows Company C, 1st Battalion, 157th Infantry Regiment, was ordered to active duty and mobilized during the period August 1968 to January 1971.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. There were no provisions for showing a units deployment/alert status on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
There is no evidence nor did the applicant submit any evidence that shows he was ordered to active duty for the purpose of deploying to Vietnam during the period July 1968 to January 1971. Therefore, he is not entitled to have his record corrected to show he was on active duty during the period July 1968 to January 1971.
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) AR20130008513
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008513
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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