RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          15 September 2005
      DOCKET NUMBER:  AR20050002352


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 items 4a (Grade, Rate or Rank)
and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge
from Active Duty) be corrected to show he was a specialist four/pay grade E-
4 and that item 12a (Date Entered AD [Active Duty] This Period) be
corrected to show 1968.  He also requests that his Vietnam service be shown
on his DD Form 214.

2.  The applicant states, in effect, he was an E-4 when he was released
from active duty and that he entered the Army in 1968 not in 1969.  He also
contends that he served one year in Vietnam and that this service is not
shown on his DD Form 214.  He also states that he has no records in his
possession and that his memory is correct.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
12 April 1991 (the date his DD Form 214 was prepared).  The application
submitted in this case is dated 31 January 2005.

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 limitation 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.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of a DD Form 214 administratively issued on 12 April 1991; a DD
Form 47 (Record of Induction); discharge orders, dated 12 April 1991, and a
decision paper, dated
12 April 1991.

4.  The applicant's DD Form 47, dated 12 February 1969, shows he was
inducted on 12 February 1969.  His DD Form 214 shows he was released from
active duty on 1 September 1970 in the rank of private two/pay grade E-2.





5.  Item 12a on the applicant's DD Form 214 shows he entered active duty on

12 February 1969.  Item 12f on his DD Form 214 shows that he served 1 year
of foreign service.  The applicant's DD Form 214 shows that he was
separated from the service on temporary records.

6.  There is no evidence of record which shows the applicant was a
specialist four/pay grade E-4 when he was released from active duty.

7.  Evidence of record shows the applicant was assigned to the 67th Medical
Group in Vietnam for an unknown period of service.  However, his inclusive
dates of service in Vietnam are not available.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was an E-4
when he was released from active duty on 1 September 1970.  His DD Form 214
shows he was a private two/pay grade E-2.  Therefore, there is insufficient
evidence on which to amend items 4a and 4b on his DD Form 214.

2.  Although the applicant contends he entered the Army in 1968, his record
of induction shows he was inducted on 12 February 1969.  Therefore, item
12a on his DD Form 214 properly reflects the date he entered active duty.

3.  Since item 12f on the applicant's DD Form 214 shows he served one year
of foreign service, and evidence of record shows he was assigned to the
67th Medical Group in Vietnam for an unknown period of service, it is
reasonable to presume he served in Vietnam for the one year period.
Therefore, it would be appropriate to amend item 12f on his DD Form 214 to
show the entry "Vietnam" after the entry, "Foreign Service."

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 April 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         11 April 1994.  The applicant did not file within the 3-
year statute of limitations; however, based on the available evidence it
would be in the interest of justice to excuse failure to timely file in
this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS_____  EA______  CK______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by adding the entry,
"Vietnam" following the entry, "Foreign Service" in item 12f on his DD Form
214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amendment of items 4a, 4b, and 12a on his DD Form 214.



            __John Slone__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002352                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0200                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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