RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 JUNE 2005
      DOCKET NUMBER:  AR20040007047


      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. William Powers                |     |Chairperson          |
|     |Ms. Karen Fletcher                |     |Member               |
|     |Mr. Kenneth Wright                |     |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, in effect, that his 1965 separation document be
corrected to show that he entered active duty in June 1962 and that he
served in Vietnam between July 1962 and October 1963.

2.  The applicant states, in effect, that he entered active duty in June
1962, was trained at Fort Polk, Louisiana and from there was assigned to
Vietnam in July 1962.  He states he remained in Vietnam until October 1963
when he was assigned to a unit in Germany.  He notes that he departed
Germany in November 1965 and “arrived home” December 1965.

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 22 October 1965.  The application submitted in this case
is dated
25 August 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 on 27 October 1962 the
applicant’s mother signed a consent form permitting her son to enlist in
the United States Army.  The applicant’s original enlistment contract
confirms that he enlisted and entered active duty for a period of 3 years
on 2 November 1962.  He was 17 years old at the time of enlistment.

4.  The applicant did complete his entry training at Fort Polk, Louisiana
and on
16 March 1963 departed Fort Polk enroute to Fort Dix, New Jersey for
transportation to Germany.  He arrived in Germany in April 1963 and on 5
April was assigned to the 68th Ordinance Company where he performed duties
as a cook.  In August 1965 he was reassigned to the 66th Maintenance
Battalion and in October 1965 he departed Germany enroute to the United
States.  There is no indication that he ever deployed to Vietnam.
5.  On 22 October 1965 the applicant was released from active duty under a
program which permitted the early separation of Soldiers returning from
overseas.  The applicant authenticated the accuracy of the information on
his separation document by his signature.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, that he
entered active duty in June 1962.  His original enlistment contract
confirms that he entered active duty on 2 November 1962.

2.  There is also no evidence which shows that the applicant ever served in
Vietnam.  His records confirm service in Germany between April 1963 and
October 1965.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 October 1965; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 October 1968.  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

___WP __  ___KF __  ___KW__  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.




                                  _____ William Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007047                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050607                                |
|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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