RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 APRIL 2005
      DOCKET NUMBER:  AR20040004073


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to reflect his
service in Vietnam.

2.  The applicant states that he served “in-country” between November 1969
and July 1970, although he cannot remember the exact dates.  He states that
he recently applied to the Department of Veterans Affairs for disability
compensation for diabetes related to “agent orange” and that he never had
reason to question the information in his records until his recent medical
diagnosis.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 August 1970.  The application submitted in this case is
dated
3 June 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 6 September 1968.

4.  Orders issued at Fort Gordon, Georgia on 31 July 1969 assigned the
applicant to the replacement station at Oakland Army Base in California for
further assignment to the United States Army Vietnam Transportation unit.
However, on 3 September 1969, orders were issued at Oakland Army Base
assigning the applicant to the United States Army Strategic Command in
Japan.

5.  The applicant arrived in Japan on 4 September 1969 where he performed
duties as a switchboard operator until 29 May 1970 when he returned to the
United States in an emergency leave status.


6.  The applicant did not return to the overseas theater and on 3 August
1970 he was released from active duty.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which
confirms that he was ever assigned to, or performed duties in Vietnam.
While the evidence does show that the applicant may at one time been in
route to Vietnam, his orders were ultimately changed and he was assigned to
a unit in Japan where he remained until he returned to the United States in
an emergency leave status.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 August 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
2 August 1973.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM      ___TO __  ___JM  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______Mark Manning________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004073                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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