RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060013217 


	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. Gerard W. Schwartz

Acting Director

Mr. Paul Wright

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Ernestine I. Fields

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 record be corrected to show he served in Vietnam.

2.  The applicant states, "I went to Vietnam out of Fort Brag N. Carolina...during the tet-defensive in 1968 with the 82nd air-bourne."  He contends his unit went to Vietnam in a temporary duty (TDY) status (sic).

3.  The applicant provides a copy of his discharge certificate from the U.S. Army Reserves, dated 1 June 1973; a copy of a Standard Form 180 (Request Pertaining to Military Records); and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 12 January 1970.  The application submitted in this case is dated 29 August 2006.

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.  On 13 June 1967, the applicant was inducted into the Army of the United States (AUS) for a period of 2 years.  

4.  The applicant completed Basic Combat Training (BCT).  His record is void of any orders awarding him any MOS.  His DA Form 20 (Enlisted Qualification Record) shows, in Item 22 (Military Occupational Specialties), he had a Primary MOS of 57A1O (Duty Soldier), effective 18 December 1967.  Item 38 (Record of Assignments) shows he held this MOS during his entire period of service.


5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows:

	a.  he entered the Army and took BCT at Fort Bliss, TX;

	b.  he took Advanced Individual Training (AIT) at Fort Sill, OK, but did not graduate;

	c.  he was transferred to Fort Bragg as a duty Soldier and was assigned to Headquarters and Headquarters and Band, Support Command on 6 November 1967, and Headquarters and Headquarters Company (HHC), 3rd Battalion, 504th Infantry on 25 July 1968;

	d.  he was dropped from the rolls of HHC, 3rd Battalion, 504th Infantry as a deserter on 22 June 1968; and

	e.  he was returned to military control at Fort Campbell, KY on 24 October 1969.

6.  The applicant's record contains Letter Orders 567, Headquarters, XVIII Airborne Corps and Fort Bragg, dated 13 February 1968, directing a Temporary Change of Station (TCS) to US Army Pacific (USARPAC) with a proceed date of on or about 14 February 1968.  There is no further information with this order.

7.  The applicant's record also contains a list of names from 101 through 150 stating "Following Individuals Returned to 82d Airborne Division, Ft Bragg, NC."  The applicant's name is listed as number 116 and his unit is listed as HHC, 1st Battalion, 505th Infantry.  There is no further information associated with this document.

8.  Historical records show in February 1968, 1st Battalion, 505th Infantry deployed from Fort Bragg to Vietnam to help counter the 1968 Tet Offensive.  In December 1969, the battalion returned to Fort Bragg.

9.  On 12 January 1970, the applicant was released on temporary records from active duty under honorable conditions and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he had a total of 136 days of lost time.  Also, he was retained in the service for a period 2 months and 16 days for the convenience of the government.  He was credited with 2 years, 2 months, and 16 days of active creditable Federal service.  Subsequently, he was given a General Discharge from the U.S. Army Reserve Control Group (Standby) on 1 June 1973.

10.  Army Regulation 635-5 (Separation Documents), in effect on 12 January 1970, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed be entered in Item 22c.  The regulation also provided for entry of inclusive date of service in Vietnam during current period of service in Item 30 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  Despite the applicant's assertion he was assigned to Vietnam, there is no clear evidence in his OMPF to support this claim.  There is only one reference showing he was among a group of individuals returning from an undisclosed location to Fort Bragg, and showing his unit as HHC, 1st Battalion, 505th Infantry. It is know that 1st Battalion, 505th Infantry deployed to Vietnam in February 1968 and returned to Fort Bragg in December 1969.  The applicant's record does not support that he was ever assigned to HHC, 1st Battalion, 505th Infantry.

2.  The Board is not an investigative body as such.  Should the applicant wish to research the unit records for orders of the 82nd Airborne Division for the Vietnam era, he should submit his request to:  National Archives at College Park, 8601 Adelphi Road, College Park, MD  20740-6001 by providing his name, Army Service Number, and Social Security Number along with the time frame the TDY occurred.  

3.  If the applicant is successful in finding additional orders and supporting documents from the National Archives, the applicant is advised that there is no provision for showing TDY deployments on the DD Form 214.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 January 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
11 January 1973.  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

__klw___  __lmd___  __eif___  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.



							Kenneth L. Wright
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060013217
SUFFIX

RECON

DATE BOARDED
20070410
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
120.0000
2.

3.

4.

5.

6.