RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 October 2007
DOCKET NUMBER: AR20070006435
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr.
Chairperson
Mr. Michael J. Flynn
Member
Mr. William Blakely
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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he served in the Republic of Vietnam.
2. The applicant states that he served overseas in the Republic of Vietnam for nearly 12 months but this service is not shown on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and Special Orders Number 91, United States Army Training Center and Fort Campbell, Fort Campbell, Kentucky, dated 12 April 1971.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 24 April 1970, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training at Fort Campbell, Kentucky, and was awarded military occupational specialty 76Y1O (Armorer/Unit Supply Specialist).
3. On 14 July 1970, the applicant was assigned for duty as a supply specialist with the United States Army Recruiting Station (USARECSTA), Fort Campbell, Kentucky.
4. Special Orders Number 186, United States Army Training Center and Fort Campbell, Fort Campbell, Kentucky, dated 28 July 1971, promoted the applicant to the rank of specialist four, pay grade E-4.
5. On 8 October 1971, the applicant was notified by the Fort Campbell Out-Processing Section to report on 3 November 1971 for processing of his records in preparation for his release from active duty.
6. Special Orders Number 264, United States Army Training Center and Fort Campbell, Fort Campbell, Kentucky, dated 4 November 1971, assigned the applicant to the United States Army Transfer Point, Fort Campbell, Kentucky, for pre-separation processing, with a report date of 10 December 1971.
7. Accordingly, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had completed 1 year, 7 months, and 17 days of creditable active duty.
8. Item 22 (Statement of Service) of the applicants DD Form 214 indicates that he had no prior active or inactive service and had not served outside of the United States.
9. The special orders provided by the applicant is not contained in his official military personnel records. It does show that another Soldier was placed on assignment instructions to the United States Army Republic of Vietnam Transient Detachment with an availability date of 1 July 1971. These same orders also show that the applicant was on assignment instructions to the United States Army Overseas Replacement Station, Fort Lewis, Washington, with a reporting date of 31 May 1971. However, there is no evidence in his official records showing that he ever complied with these orders.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was inducted into military service on 24 April 1970; received his initial training at Fort Campbell, Kentucky; and was subsequently assigned to Company B, USARECSTA, Fort Campbell, Kentucky on 14 July 1970.
2. The applicant was promoted on 6 July 1971 while at Fort Campbell, Kentucky, after the date he was to proceed overseas, as indicated by the 12 April 1971 special orders that he has provided. Furthermore, he was separated at Fort Campbell on 10 December 1971, about 6 months after the availability date indicated in those special orders.
3. The applicants contention that he served in the Republic of Vietnam for nearly 12 months is not substantiated by any evidence of record.
4. In view of the above, the applicants request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ HOF __ _WB____ __MJF _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_ Hubert O. Fry, Jr.
CHAIRPERSON
INDEX
CASE ID
AR20070006435
SUFFIX
RECON
DATE BOARDED
20071023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
120
2.
3.
4.
5.
6.
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