RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050006130


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 the period and dates he served
in the Republic of Vietnam (RVN) be added to his record and separation
document
(DD Form 214).

2.  The applicant states, in effect, that he served in the RVN.  He further
states he has no proof of the time he served in the RVN.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 17 July 1978.  The application submitted in this case is
dated
14 April 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 record shows he was enlisted into the Regular Army and
entered active duty on 25 July 1975.  He was trained in and awarded
military occupational specialty (MOS) 76Y (Supply Specialist), and the
highest rank he attained while serving on active duty was sergeant (SGT).

4.  The applicant's Personnel Qualification Record (DA Form 2-1), which was
prepared on 13 December 1986, subsequent to his transfer to the United
States Army Reserve (USAR) does not document his service in the RVN.

5.  The applicant's Military Personnel Record Jacket (MPRJ) is void of any
assignment or reassignment orders that confirm he served in the RVN.
6.  On 17 July 1978, the applicant was honorably released from active duty
after completing 2 years, 11 months and 23 days of active military service.
 Item 18f (Foreign and/or Sea Service) of this document shows he completed
1 year,
7 months and 7 days of foreign service.  Item 27 (Remarks) shows he served
in United States Army Europe (USAREUR)/Germany.  The applicant
authenticated this document with his signature in Item 32 (Signature of
Person Being Transferred or Discharged).

7.  Historical records confirm the United States involvement in the RVN
ended with a peace accord reached on 27 January 1973.  The accord provided
for the end of hostilities, the withdrawal of United States and allied
troops, the return of prisoners of war, and the formation of a four-nation
international control commission to ensure peace.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his records and separation document be
corrected to properly reflect his RVN service was carefully considered.
However, absent any evidence of record (RVN assignment orders, reassignment
orders or other records or documents) that confirms he served in Vietnam,
there is insufficient evidence to support this claim.

2.  Historical records confirm the United States entered into a peace
accord on 27 January 1973, which ended its involvement in the Vietnam.  The
applicant’s record confirms he did not enter the Army until 1975.  Further,
there is no indication the applicant served in Vietnam in any capacity
either before, during, or after his military service.

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

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 July 1978, the date of his
separation from active duty.  Therefore, the time for him to file a request
for correction of any error or injustice expired on 16 July 1981.  He
failed to 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

___SLP__  ___CAD_  ___KSJ _  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.




                                  _____Shirley L. Powell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006130                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1978/07/17                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Para 5-12                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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