RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003383


      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. Rene' R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his foreign
service duty.

2.  The applicant states he served in Vietnam for 6 months in 1974.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 December 1976, the date of his separation.  The
application submitted in this case is dated 28 February 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 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.  The applicant's records show he enlisted in the Regular Army and
entered active duty on 29 December 1973.  His contract states that he
enlisted for US Army Special Unit Enlistment Option 1st Infantry Division,
Fort Riley Kansas.  He completed Advanced Individual Training (AIT) at Fort
Jackson South Carolina.  On 8 April 1974, he was awarded military
occupational specialty (MOS) 71B (Clerk Typist).  In May 1974, he was
reassigned to Fort Riley Kansas.

4.  Documents in the applicant's records, such as security clearance, award
of MOS, and promotion orders, all verify that at the time of issuance, the
applicant was assigned to Fort Riley, Kansas throughout 1974.

5.  Additionally, on 18 November 1974, the applicant requested reassignment
to Korea.  He stated that he understood that "this request constitutes
waiver of any stabilized assignment in CONUS."  On 27 December 1974, the
Adjutant General recommended approval on the applicant's request for
reassignment to Korea.  There is, however, no indication he was ever
actually reassigned to Korea.


6.  The applicant's DD Form 214 shows that he had 2 years, 11 months and
   16 days of active federal service at the time of his discharge on
14 December 1976.  The applicant's last duty assignment was listed as HHC
2/63d Armor, 1st Infantry Division, Fort Riley, Kansas.  His records also
show that he was separated from Fort Riley, Kansas.

7.  The applicant's DD Form 214 does not list any periods of foreign
service. Block 19, indicating whether the applicant served in Indochina or
Korea is marked "No".

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to support the applicant's contention that he
served in Vietnam in 1974.  In fact, the evidence suggests that the
applicant spent his entire enlistment, with the exception of Basic Training
and AIT at Fort Riley, Kansas.

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 14 December 1976; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    13 December 1979.  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

__JA____  __TO ___  __CK ___  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.




                                  ____James Anderholm_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003383                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|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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