BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014438
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, correction of his DA Form 66 (Officer Qualification Record) to show he served as the Company Commander while assigned to the 569th Transportation Company, Thailand, and as the Installation Commander of Camp Kohn Kaen, Thailand.
2. The applicant states his DA Form 66 only shows he served as Platoon Leader during the period he was assigned to the 569th Transportation Company but he was also the Company Commander.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter, and copies of two newspaper articles.
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. Having had prior enlisted service, the applicant was appointed as a U.S. Army Reserve (USAR) second lieutenant on 8 March 1967 with a concurrent call to active duty. He was promoted to the rank/grade of first lieutenant (1LT)/O-2 on 8 March 1968.
3. Item 17 (Foreign Service) of his DA Form 66 shows he served in Thailand from 27 November 1968 to 14 November 1969.
4. Item 18 (Record of Assignments) of his DA Form 66 shows during his service in Thailand he was assigned as follows:
* 5 December 1968 to 6 March 1969, Platoon Leader, 569th Transportation Company
* 7 March to 10 November 1969, Commanding Officer, 53rd Transportation Company
5. He was honorably released from active duty on 15 August 1970 and he was transferred to the USAR.
6. The applicant provides an undated:
* letter wherein the Commander, 519th Transportation Battalion, Thailand, congratulated him on his command assignment to the battalion
* newspaper article wherein it announced that he had assumed command of the 569th Transportation Command, Thailand, and was also serving as the Installation Commander of Camp Kohn Kaen
DISCUSSION AND CONCLUSIONS:
1. The DA Form 66 is a snapshot of a Soldier's personnel data as it was at the time the form was produced and it was used as an internal management tool to assist officials processing a Soldier's assignment/reassignment, promotions, and career progression. The DA Form 66 is no longer active or accessible after a Soldier's discharge. Additionally, the DA Form 66 became obsolete in the mid-1970s when it was replaced by the DA Form 2-1 (Personnel Qualification Record), which is also now obsolete.
2. The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation. Since the DA Form 66, and its successor, the DA Form 2-1, are not normally accessible by individuals other than the Soldier, there is no basis for the Board to correct it. Therefore, the applicant is not entitled to 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) AR20140014438
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ABCMR Record of Proceedings (cont) AR20140014438
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