RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 April 2008
DOCKET NUMBER: AR20070017026
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:
Ms. Linda D. Simmons
Chairperson
Mr. David K. Haasenritter
Member
Mr. Edward E. Montgomery
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, correction of his military records to show his service in the Republic of Vietnam from 1971 to 1972.
2. The applicant states, in effect, that he served as a ranger on long range reconnaissance patrols with the 1st Air Cavalry [Regiment] in the central highlands around Pleiku. He states that he worked with several operations teams as an observer and sniper, completing eleven successful missions. On his last mission, he shot a North Vietnamese colonel. Two weeks later he was reassigned to the 2nd Armored Cavalry [Regiment] in the Federal Republic of Germany. The applicant further states that he now suffers from post traumatic stress disorder (PTSD) and needs evidence of his service in the Republic of Vietnam so that he can receive a service-connected rating for medical care.
3. The applicant provides no supporting documentation.
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 15 March 1971, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 11E (Armor Crewman).
3. Item 38 (Record of Assignments) of the applicants Enlisted Qualification Record (DA Form 20), shows the following assignments:
a. from 5 August 1971 to 9 December 1971 he was a loader with Company A, 4th Battalion, 70th Armored Regiment, at Fort Carson, Colorado;
b. from 17 January 1972 to 1 February 1972 he was a gunner with Company H, 2nd Squadron, 2nd Armored Cavalry Regiment, in the Federal Republic of Germany;
c. from 2 February 1972 to 8 February 1973 he was an armor crewman with the 1st Adjutant General Company, Detachment 2, in the Federal Republic of Germany;
d. from 5 March 1973 to 7 May 1973 he was assigned as a loader with Company A, 4th Battalion, 16th Armored Regiment, at Fort Riley, Kansas; and
e. from 8 May 1973 to 14 March 1974 he was assigned as an assistant tank commander with Company C, 4th Battalion, 63rd Armored Regiment, at Fort Riley, Kansas.
4. On 14 March 1974, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4, and had completed
3 years of creditable active service. His service was characterized as honorable.
5. Review of the applicants available personnel records shows no evidence that he was assigned for duty in the Republic of Vietnam.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants contention is not in question, the available evidence does not show that he served in the Republic of Vietnam.
2. 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 the aforementioned requirement.
3. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_ LDS __ __DKH__ __EEM__ 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.
__ Linda D. Simmons _______
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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