RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      12 July 2007
      DOCKET NUMBER:  AR20070002197


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. William F. Crain              |     |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 record be corrected to show
service in Vietnam.

2.  The applicant states, in effect, his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, does not reflect his Vietnam
service.  He adds that he has a service-related illness that requires this
documentation on his DD Form 214.

3.  The applicant provides no additional documents in support of his
request, besides his DD Form 149, Application for Correction of Military
Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 October 1973, the date of his release from active duty.
 The application submitted in this case is dated 27 January 2007.

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 evidence of record shows the applicant enlisted in the Regular Army
for 2 years on 29 October 1971 with an enlistment option for service in the
Republic of Vietnam.  He completed his basic combat and advanced individual
training at Fort Polk, Louisiana, and was awarded the primary military
occupational specialty 11B, Light Weapons Infantryman.

4.  The applicant arrived at the Overseas Replacement Station, Oakland Army
Base, California, en route to the Republic of Vietnam; however, on 11 April
1972, he was diverted from this assignment and was reassigned to the
Overseas Replacement Station, Fort Dix, New Jersey, for further assignment
to Germany.

5.  The applicant was assigned to the Berlin Brigade by Special Orders
Number 108, paragraph 22, prepared by Headquarters, US Army Personnel
Center, Fort Dix, on 17 April 1972.  On his arrival in Berlin, the
applicant was assigned to Company B, 2nd Battalion, 6th Infantry.  He
remained assigned to this unit until he was returned to the United States
for his release from active duty.

6.  The applicant was honorably released from active duty on 19 October
1973 in the rank and pay grade, Specialist Four, E-4, under the provisions
of Army Regulation 635-200, paragraph 5-14, early separation of overseas
returnee.  On the date of the applicant's release from active duty, he had
completed 1 year, 11 months, and 21 days active military service, with no
time lost.

7.  Item 22.c. (Foreign and/or Sea Service), of the applicant's DD Form
214, shows he completed 1 year, 5 months, and 28 days foreign service.
Item 30 (Remarks) shows this service was served in USAREUR (US Army
Europe).

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was diverted from service in Vietnam
while he was in transit to Vietnam.  The evidence shows he was assigned to
USAREUR and served his overseas service in the Berlin Brigade in Germany.

2.  Based on the evidence of record, the applicant is not entitled to a
correction of his record to show he served in Vietnam.  His foreign service
and the location at which he served is correctly recorded on his DD Form
214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 October 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 October 1976.  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

___A____  ___JM___  __WFC _  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 E. Anderholm____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070002197                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070712                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |120.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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