IN THE CASE OF:	  

		BOARD DATE:	    14 April 2011

		DOCKET NUMBER:  AR20100024528 


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, the widow of a deceased former service member (FSM), requests correction of his DD Form 214 (Report of Transfer or Discharge) to show his service in Vietnam.

2.  The applicant states:

* Her husband passed away of pancreatic cancer in 1996
* She filed for benefits several years ago but has been unable to process her claim because of a lack of information regarding his service
* His DD Form 214 does not show he served in Vietnam
* She knows he served in Vietnam for a short time because his order papers show he was in Vietnam

3.  The applicant provides:

* Request Pertaining to Military Records
* FSM's death certificate 

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.  Having prior service in the U.S. Marine Corps and Army of the United States, the FSM enlisted in the Regular Army (RA) on 30 January 1946 and was honorably discharged on 17 January 1949.  After a break in service, he enlisted in the RA on 30 June 1950.  He remained on active duty through continuous reenlistments until he retired on 31 July 1967 in the rank of sergeant first class.  

3.  His discharge documents do not show any service in Vietnam or Vietnam service awards.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not show any service in Vietnam. 

5.  No evidence shows the FSM served in Vietnam.

6.  The FSM died on 18 January 1996.

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 20 is the source document in a Soldier's personnel records that shows where service was performed.  Item 31 is used to record foreign service assignments.  The FSM's DA Form 20 shows he served in:

* USARPAC (US Army Pacific) during World War II
* Austria
* France
* Hawaii
* Germany

It does not show he served in Vietnam during the Vietnam War.

2.  Although the applicant contends the FSM served in Vietnam for a short time, there is no evidence of record and the applicant provided no evidence which shows the FSM served in Vietnam.  Regrettably, there is insufficient evidence on which to amend the FSM's DD Form 214 to show he served in Vietnam



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)                                         AR20100024528





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ABCMR Record of Proceedings (cont)                                         AR20100024528



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