IN THE CASE OF

		BOARD DATE:	    10 January 2013

		DOCKET NUMBER:  AR20120011942 


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, in effect, correction to his military record to show he served in Thailand and any awards associated with that service.   

2.  The applicant states his mailing address was Army Post Office (APO) 25 which denoted he was stationed in Hawaii.  He was sent from Hawaii to Thailand, where they were in and out of South Vietnam for training and performing maneuvers.  He believes the history of Battery B, 7th Howitzer Battalion, 11th Artillery Regiment, during 1962 should be researched.  He believes they were with either the 21st or 27th Wolfhounds while in Thailand.  As he remembers, he was stationed at Camp Friendship for two or three months.  He broke his nose in Thailand and he was treated at a division hospital in Pok Chong, Thailand.

3.  The applicant provides copies of his previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings and a 2011 Veterans of Foreign Wars Congressional Charter By-Laws Manual of Procedure Ritual.

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 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 records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His available record shows he enlisted in the Regular Army on 18 April 1961 for 6 years.  He completed training and was awarded military occupational specialty 140.00 (Field Artilleryman).

4.  His record contains a DA Form 24 (Service Record) that shows in:

* Section 4 (Chronological Record of Military Service), he was assigned to:

* Battery B, 7th Howitzer Battalion, 11th Artillery, APO 25, from 16 September 1961 to 31 July 1962
* Battery A, 1st Howitzer Battalion, 8th Artillery, APO 25, 1 August 1962 to 8 April 1963

* Section 5 (Service Outside Continental United States) Port of Debarkation Pearl Harbor, Hawaii, 16 September 1961

5.  He was discharged in pay grade E-1 on 11 April 1963.  He was credited with completing 1 year, 3 months, and 19 days of net active service and 10 months and 14 days of foreign service.  Item 24c (Foreign and/or Sea Service) of his 
DD Form 214 contains the entry, USARPAC (U.S. Army Pacific Command).

6.  USARPAC commands most Army forces in the Asia-Pacific region with the exception of Korea.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Hawaii from 16 September 1961 through 8 April 1963.  He was discharged on 11 April 1963 and provided a DD Form 214 denoting this foreign service with the entry of USARPAC in Item 24c.


2.  There is no evidence in his available military record and he has failed to provide compelling evidence to show he served in Thailand during the period covered by this DD Form 214.  Therefore, he is not entitled to correction of his record or this DD Form 214 to show he served in Thailand or any other area in Southeast Asia or any awards associated with that service.

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)                                         AR20120011942



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011942



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1