IN THE CASE OF:	

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090015939 


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

2.  The applicant states that he was in the Republic of Vietnam for 6 months and then sent to Germany for the rest of his duty.  He states he is in the process of filing a service-connected claim with the Department of Veterans Affairs that requires a correction to his DD Form 214.

3.  The applicant provides a letter from The American Legion Department of Michigan Veterans Affairs and Rehabilitation Office, dated 3 September 2009.

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 24 March 1966.  He completed basic and advanced individual training meeting the qualification standards for military occupational specialty 36K (Field Wireman).  The highest rank he held was specialist (temporary)/pay grade E-4.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in U.S. Army Europe (USAREUR), Germany, from 23 August 1966 to 3 March 1968.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 3rd Infantry Division, USAREUR, on 25 August 1966.  His principal duty title was wireman.  He served as a team chief and personnel carrier driver during his tour of duty with his unit.  The last entry is dated 23 August 1967 when he was assigned the principal duty of personnel carrier driver.

5.  The applicant's official military personnel file contains a DA Form 137 (Installation Clearance Record), dated 1 March 1968, confirming the applicant was assigned to HHC, 1st Brigade, 3rd Infantry Division, at Ledward Barracks in Schweinfurt, Germany.

6.  The applicant was honorably released from active duty on 4 March 1968 and transferred to the U.S. Army Reserve to complete his remaining Reserve service obligation.  He was issued a DD Form 214 confirming he served on active duty for 1 year, 11 months, and 11 days with foreign service credit of 1 year, 6 months, and 9 days in USAREUR.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  An earlier version of Army Regulation 635-5 provided that item 30 of the DD Form 214 would show the Soldier's inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's available records to confirm he served in the Republic of Vietnam.  However, there is convincing evidence to show that the applicant was stationed at Ledward Barracks in Schweinfurt, Germany.

2.  In view of the foregoing, there is insufficient basis to correct the applicant's record to show he served in the Republic of Vietnam for 6 months.
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)                                         AR20090015939



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ABCMR Record of Proceedings (cont)                                         AR20090015939



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