BOARD DATE: 12 November 2009 DOCKET NUMBER: AR20090009564 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 correction of his military records to show his temporary duty (TDY) in the Republic of Vietnam from February 1965 to March 1965 and the issuance of medals earned for this period. 2. The applicant states that for security reasons his record was purged and no record is showing his time in Vietnam due to the fact they went into Cambodia and Laos on covert operations while assigned to the Central Intelligence Agency (CIA). He states he did not receive combat or TDY pay for this time. 3. The applicant provides no additional evidence or official documentation 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's military personnel records show he enlisted in the Regular Army (RA) on 26 March 1963 for a period of 3 years and he immediately reenlisted on 13 July 1964 for a period of 6 years. He completed the necessary training and he was awarded military occupational specialties (MOS) 941.10 (Cook) and 422.10 (Field Artillery Repairman). 3. On 22 January 1965, the applicant was assigned to Headquarters and Company A, 704th Maintenance Battalion at Fort Washington, WA. He remained assigned to that unit until he departed absent without leave (AWOL) on 9 June 1965 and he was dropped from the rolls of the Army on 10 June 1965. 4. On 9 May 1965, the applicant had been arrested by the New York City Police Department. He was charged with grand larceny, auto and possession of burglary tools. On 25 May 1965, the charges were reduced to unauthorized use of an automobile. 5. Section 6 (Time Lost Under Sec 6(a) APP 2b MCM 51 and Subsequent to Normal Date ETS) shows the following periods charged as time lost: 15 May - 24 May 1965 - confined by civil authorities; 30 May - 4 June 1965 - AWOL; 9 June - 2 August 1965 - AWOL; and 9 September - 28 October 1965 - confinement. 6. On 9 September 1965, the applicant was convicted by a special court-martial for being AWOL during the periods from on or about 30 May 1965 until on or about 5 June 1965 and from on or about 9 June 1965 until on or about 3 August 1965. His sentence consisted of confinement at hard labor for 3 months and a forfeiture of $83.00 per month for 3 months. On 16 September 1965, the convening authority approved the sentence but suspended 1 month of the confinement and 1 month of the forfeiture for a period of 5 months, at which time, unless the suspension is vacated, the suspended portion of the sentence will be remitted without further action. 7. On 24 November 1965, the applicant was discharged with a general, under honorable conditions discharge. He had completed 1 year and 13 days of creditable active service that was characterized as under honorable conditions. He had 121 days of time lost. 8. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he arrived in Inchon, Korea on 13 September 1963 and departed Kimpo Air Force Base, Korea on 6 September 1964. There are no other periods of service outside the continental United States entered in this section. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he was TDY in Vietnam from February 1965 to March 1965 with the CIA. 2. At the time the applicant claims to be TDY he was assigned at Fort Lewis, WA. There are no orders or other official documents in his Official Military Personnel File (OMPF) showing he was TDY to Vietnam or assigned to the CIA. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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. 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) AR20090009564 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090009564 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1