RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2007 DOCKET NUMBER: AR20060015282 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. x 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, in effect, that the entry “Desertion” be removed from Page 3 and Page 4 of his DA Form 20 (Enlisted Qualification Record). He also requests, in effect, that his date of rank (DOR) to private first class (PFC), E-3 and his military occupational specialty (MOS) 67N20 (Helicopter Crew Chief) be added to his DA Form 20. 2. The applicant states that there is no desertion on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He states his DD Form 214 shows he received an honorable medical discharge due to permanent physical disability which happened during the performance of his military duties. He states, in effect, that it [physical disability] was not addressed by his chain of command at the time so he had to seek outside medical treatments to try to fix the ailment. 3. The applicant provides a copy of his DD Form 214 and his DA Form 20. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of alleged errors which he states he discovered on 1 July 2002. The application submitted in this case is dated 2 May 2006; however, the application was received in this office on 1 November 2006. 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. The applicant enlisted in the Regular Army on 26 December 1968 in pay grade E-1. He completed basic combat training at Fort Lewis, Washington and completed advanced individual training at Fort Eustis, Virginia. 4. The applicant signed his DA Form 20 on 9 January 1969. His DA Form 20 shows the entry “Dropped From Rolls - Desertion” in item 38 (Record of Assignments) on Page 3. 5. His DA Form 20 shows the entry “AWOL - Desertion” in item 44 (Time Lost under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) on Page 4. 6. His DA Form 20 does not list any military occupational specialties in item 22 (MOS). 7. The applicant was retired on 12 November 1971 by reason of physical disability with service characterized as honorable. His DD Form 214 shows four periods of lost time under Title 10, Section 972 for a total of 610 days. 8. His DD Form 214 shows he was retired in the rank and pay grade of PFC, E-3 with a DOR of 13 June 1969. 9. His DD Form 214 shows his specialty number and title as “67N2O Helicopter Crew Chief.” 10. 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. 11. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel. As the applicant no longer has a military status, and he signed the DA Form 20 on 9 January 1969 with the errors, the Board is reluctant to recommend that those records be changed. The DD Form 214 is the document used to record the military history of a separated individual. 2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 July 2002; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 June 2005. 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 x_____ x_____ x_____ GRANT FORMAL HEARING 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. x_________ CHAIRPERSON INDEX CASE ID AR20060015282 SUFFIX RECON YYYYMMDD DATE BOARDED 20070531 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Mr. Schwartz ISSUES 1. 100.0000 2. 3. 4. 5. 6.