IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080000839
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his records be corrected to show that he completed a second tour of duty in Vietnam.
2. The applicant states, in effect, that he needs his second tour of duty verified. He reenlisted in the Army in Detroit, Michigan, on 20 November 1971. He went to Vietnam in January 1972 and was discharged in January 1973. He states that there is no history of this period. He adds that he was not aware of any DD 214 for his second period of service until he applied for VA (Department of Veterans Affairs) pension.
3. The applicant provides no additional documentation in support of his request.
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. The applicant's record shows he enlisted in the Regular Army 29 November 1969, in Detroit, Michigan, for 2 years, with an established expiration of term of service of (ETS) of 28 November 1971. He was trained as a Radio Relay and Carrier Attendant, in military occupational specialty (MOS), 31M. He was promoted to pay grade E-4 on 14 December 1970. He served until he was honorably released from active duty on 4 November 1971. He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) on 5 November 1971.
3. A review of his records shows no overseas service and no record of the applicant serving on active duty after his release from active duty on 4 November 1971. He was honorably discharged on 1 November 1975 from the USAR.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant enlisted in the Regular Army on 29 November 1969 in Detroit, Michigan. He served until he was released from active duty on 4 November 1971 and was transferred to the USAR. He served until he was released from active duty on 1 November 1975.
2. The applicant wants his second enlistment verified. He states he went to Vietnam and was discharged in January 1973, and that there is no history of this period. The evidence shows that the applicant never served overseas in an armed conflict or reenlisted on active duty after he was released from active duty on 4 November 1971, or while he served in a Reserve status and was discharged on 1 November 1975.
3. The available evidence does not indicate that the applicant served in an active duty status after his release from active duty on 4 November 1971 or that he completed a second enlistment; he is therefore not entitled to correction of his military records to show that he completed a second enlistment. His records are correct as currently constituted.
4. The applicant alleges that he was not aware that a DD 214 had not been prepared for his second period of service until he applied for a VA pension. The applicant is advised to contact the nearest VA office to seek their assistance in determining his rights and entitlements. The evidence clearly shows that the applicant was issued only one DD Form 214 for his honorable service from 29 November 1969 to 4 November 1971. The applicant is informed that he is not entitled to be issued a DD Form 214 for his reserve service unless he completed 90 days or more of active duty service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080000839
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080000839
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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