RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2008
DOCKET NUMBER: AR20080003634
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 military records be corrected to show his first tour in Vietnam.
2. On his application, the applicant states, in effect, that he served his first tour in Vietnam from January 1965 to February 1966 assigned to the 36th Signal Battalion, 2nd Armored Division. In a letter, dated 19 December 2007, he states that he served his first tour in Vietnam from September 1965 to September 1966 assigned to Company B, 54th Signal Battalion. He also contends that his service in Vietnam from September 1967 to April 1968 was his second tour in Vietnam.
3. The applicant provides a letter, dated 19 December 2007.
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 was inducted on 7 January 1963. He trained as a lineman and was released from active duty on 11 January 1965 and transferred to the U.S. Army Reserve. He enlisted in the Regular Army on 11 May 1965 for a period of 3 years. On 26 April 1968, the applicant was released from active duty.
3. Item 22c (Foreign and/or Sea Service) on the applicants DD Form 214 (Report of Transfer or Discharge) for the period ending 26 April 1968 shows the entry, USARPAC [U. S. Army Pacific] 0 7 3.
4. The applicants inclusive dates of service in Vietnam are not available. However, reassignment orders, dated 20 June 1966, show the applicant was to report to Saigon on 30 July 1966.
5. The applicants records contain an undated statement requesting deferment from Vietnam since I have served one tour there already.
6. Item 31 (Foreign Service) on the applicants DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 September 1967 through 3 May 1968 (7 days after his release from active duty).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicants contention that he served his first tour in Vietnam from January 1965 to February 1966. Evidence of record shows he was released from active duty on 11 January 1965 and he did not enlist until 11 May 1965.
2. Although the applicant also contends that he served his first tour in Vietnam from September 1965 to September 1966, and reassignment orders show he was to report to Saigon in July 1966, there is no evidence of record to show he served in Vietnam until 24 September 1967. Therefore, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
x______ _ x___ __xx____ 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
ABCMR Record of Proceedings (cont) AR20080003634
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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