RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 SEPTEMBER 2005 DOCKET NUMBER: AR20050001622 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Deborah L. Brantley Senior Analyst The following members, a quorum, were present: Mr. Stanley Kelley Chairperson Ms. Barbara Ellis Member Mr. Richard Dunbar Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to show entitlement to military awards associated with his service in Honduras and that his separation document be corrected to show he was part of Task Force 227 in Honduras while assigned to the 2nd Battalion, 7th Cavalry at Fort Hood, Texas. 2. The applicant states that Company B, 2nd Battalion, 7th Cavalry was part of Task Force 227 and he was a member of that organization. He states he has been trying for some time to get his record corrected and recently someone from military records sent him an application form. 3. The applicant provides no evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 24 October 1986. The application submitted in this case is dated 22 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. Records available to the Board indicate the applicant entered active duty on 30 June 1983 and was discharged by reason of physical disability on 24 October 1986. 4. Between October 1983 and January 1985 the applicant was assigned to the 2nd Battalion, 7th Cavalry Regiment at Fort Hood, Texas. There is no evidence in available records, or provided by the applicant, which confirms he was deployed to Honduras at any time while assigned to Fort Hood, Texas. 5. Information from the Center for Military History does, however, confirm that between 1983 and 1985 the United States military forces conducted extensive military training exercises in Honduras. Thousands of United States military personnel participated in the exercises, including troops from Fort Hood, and specifically from the 227th Assault Helicopter Battalion, an element of the same cavalry division as the 7th Cavalry Regiment. While the exercises carried various names there was no indication that any exercise was named Task Force 227. 6. A review of Department of the Army Pamphlet 672-3 (Unit Awards and Campaigns) and Army Regulation 600-8-22 (Military Awards) failed to indicate that the 7th Cavalry Regiment was awarded any unit decorations during the applicant's period of assignment and there were no Armed Forces Expeditionary Medals or Humanitarian Service Medals awarded for service in Honduras between 1983 and 1985. 7. Army Regulation 635-5, in effect at the time, provided instructions for the preparation and distribution of separation documents. While tours of duty served in an overseas area was recorded in item 12(f) foreign service) on an individuals separation document there were no provisions for specifying the location or duration of specific assignments covered by the total period of foreign service recorded on the report of separation. Additionally, there were no provisions for recording any service performed overseas as part of a training exercise. 8. The applicant's records show that he did serve on a normal overseas tour in Germany following his assignment at Fort Hood which is appropriately reflected in item 12f on his separation document. DISCUSSION AND CONCLUSIONS: 1. There is no evidence that the applicant participated in exercises in Honduras while assigned to Fort Hood, Texas or that any of the exercises were officially named Task Force 227. It is possible, however, that 227 was a reference to the 227th Assault Helicopter Battalion's participation in the exercises. 2. However, notwithstanding the absence of evidence of the applicant's deployment to Honduras, even if such evidence was available there were no unit or other service awards granted to recognize participation in those training exercises. 3. Additionally, even if the applicant had been deployed to Honduras to participate in training exercises, such information would not have been recorded on his separation document. 4. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement. 5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 October 1986; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 23 October 1989. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___SK __ ___BE _ __RD ___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. ______Stanley Kelley________ CHAIRPERSON INDEX CASE ID AR20050001622 SUFFIX RECON YYYYMMDD DATE BOARDED 20050901 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 107.00 2. 110.00 3. 4. 5. 6.