IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110003459 


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 service in the Republic of Vietnam (RVN).

2.  The applicant states he served in the RVN as a medic with the 159th Evacuation Hospital during May to July 1962 for a period of 60 days.

3.  The applicant provides no additional documentation.

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.  On 7 November 1961, orders were published relieving the applicant from his current Reserve assignment and ordering him to active duty with the 159th Evacuation Hospital located at Fort Sill, Oklahoma.  His report date was 28 November 1961.

3.  A Department of the Army Training Certificate indicates the applicant completed Emergency Medical Care Training given by the 159th Evacuation Hospital at Fort Sill on 5 May 1962.

4.  Special Orders Number 55, dated 30 May 1962, attached the applicant to the U.S. Army Hospital at Fort Sill during the period 3 June to 2 July 1962.

5.  Special Orders Number 66, dated 28 June 1962 attached the applicant to the U.S. Army Hospital at Fort Sill, Oklahoma during the period 3 to 27 July 1962.

6.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not indicate any overseas service.

7.  Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 (Service Record) does not indicate any foreign service.

8.  On 3 August 1962, the applicant was released from active duty.  He completed 8 months and 4 days of creditable active duty service during this period.

9.  Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 does not indicate any overseas service during the period.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty.  It requires an entry in item 24c for any foreign service performed during the period of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he served in the RVN for a period of 60 days.

2.  There is no available evidence of record showing the applicant served for a period of 60 days in the RVN during May to July 1962 as a medic with the 159th Evacuation Hospital.

3.  The applicant has not provided any documentation or a convincing argument to support his contention.

4.  In view of the above, the applicant's request should be denied.

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 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)                                         AR20110003459



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ABCMR Record of Proceedings (cont)                                         AR20110003459



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