IN THE CASE OF:	  

		BOARD DATE:	  21 May 2009

		DOCKET NUMBER:  AR20080019741 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served in Vietnam.

2.  The applicant states that he served in Vietnam on the Army's LT-529 from January 1970 to October 1971.

3.  The applicant provides his DD Form 214 and a statement from an individual who states that he served aboard the LT-529 in Vietnam with the applicant.

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.  The applicant's military records show that he enlisted in the Regular Army, on 17 October 1969, and he was awarded the military occupational specialty of seaman, and was promoted to pay grade E-4.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows the applicant served in Okinawa from 28 April 1970 to 9 October 1971.

4.  All the documents contained in the applicant's military records show that he was assigned to a unit located in the Ryukyu Islands (the island chain which includes Okinawa).

5.  The applicant was honorably released from active duty on 9 October 1971.  His DD Form 214 does not show that he was awarded any Vietnam service medals.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant submits a statement from an individual who says he served with the applicant on a vessel in Vietnam, all of the applicant's military records show that he served in Okinawa.

2.  As such, without corroborating evidence such as orders or morning reports, there is insufficient evidence in which to grant the applicant's request.

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)                                         AR20080019741



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ABCMR Record of Proceedings (cont)                                         AR20080019741



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