IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20100000330 


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, through a member of Congress, correction of his records to show his service in Laos and Cambodia.  

2.  The applicant states the following:

* He was awarded the Armed Forces Expeditionary Medal and the Army of Occupation Medal
* He was in Laos and Cambodia 
* He needs [the correction] to be eligible for Department of Veterans Affairs benefits

3.  The applicant provides the following documents in support of his application:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)
* List of campaigns and expeditions which qualify for Veterans preference

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 enlisted in the Regular Army on 28 July 1961.

3.  Block 31 (Foreign Service) of his DA Form 20 does not show he served in Laos or Cambodia.  

4.  His DA Form 20 shows he completed foreign service in U.S. Army Europe (USAREUR) from 9 July 1962 through 15 January 1963.  

5.  Section 9 (Medals, Decorations, and Citations) on his DA Form 24 shows he was awarded the Armed Forces Expeditionary Medal and the Army of Occupation Medal for operations in Berlin, Germany.

6.  His service personnel records do not contain orders which indicate he served in Laos or Cambodia.  

7.  The applicant was released from active duty on 27 July 1963.  

8.  Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he completed 6 months and 8 days of foreign service in USAREUR.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time directed that total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 24c.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Laos and Cambodia.  However, the evidence of record does not support his claim.  

2.  The applicant’s service record does not contain orders which show he served in Laos or Cambodia.  His DA Form 20 and DA Form 24 show he completed service in Germany and was awarded the Armed Forces Expeditionary Medal and the Army of Occupation Medal for operations in Berlin.  
3.  In the absence of sufficient evidence, there is no basis for granting 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)                                         AR20100000330



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ABCMR Record of Proceedings (cont)                                         AR20100000330



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