IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090008404 


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

2.  The applicant states, in effect, that he served in Vietnam from October 1965 to March/April 1966 with the "26."  He contends that the "26" was a company formed when Fort Hood got wiped out in Vietnam in September 1965.

3.  The applicant provides no documentary evidence in support of his application.

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 was inducted into the Army of the United States on 25 May 1965.  He trained as a platemaker [lithographer] and was released from active duty on 24 May 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  The applicant’s DD Form 214 does not show any foreign or sea service.

4.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  His DA Form 20 shows he was assigned to the 99th Engineer Company at Fort Belvoir, Virginia, from 15 October 1965 until he was released from active duty on 24 May 1967.

5.  There is no evidence of record which shows the applicant served in Vietnam.

DISCUSSION AND CONCLUSIONS:

There is no evidence of record which shows the applicant served in Vietnam or performed any foreign service.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show any foreign service.

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)                                         AR20090008404



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ABCMR Record of Proceedings (cont)                                         AR20090008404



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