IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080004670
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show his service in Vietnam.
2. The applicant states, in effect, that he twice served in Vietnam under temporary duty (TDY) orders. He needs his service in Vietnam documented in order to substantiate his claim to the Department of Veterans Affairs (VA).
3. The applicant provides copies of TDY orders dated 1 November 1968 and
19 May 1969.
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 enlisted and entered active duty on 7 March 1966. He completed training as a radio repairman and was assigned to the U.S. Army Security Agency (USASA) activities in various locations. From 2 September 1968 to 8 January 1970 he was stationed at USASA, Pacific, Army Post Office San Francisco 96545.
3. On 12 January 1970 the applicant was released from active duty in pay grade E-5 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. His DD Form 214 shows he had completed 1 year and 19 days overseas service in Korea. It does not show any service in Vietnam.
4. The two TDY orders that the applicant submitted with his application each lists several Soldiers, including the applicant, who were to travel to Thailand and Vietnam. The earlier one, dated 1 November 1968, provided for 64 days of TDY and the later order, dated 13 May 1969, provided for 94 days of TDY, both to Thailand and Vietnam.
5. Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9 (Burden of Proof) states, "The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he served in Vietnam in a TDY status.
2. Although the applicant's name is included on the TDY orders he provided in connection with USASA activities in Thailand and Vietnam, the orders in and of themselves do not confirm that he completed any TDY assignments in Vietnam.
There is no information in the available records showing that the applicant actually completed any part of these TDY assignments. There is also no evidence in the available health records that show he received any medical treatment in Vietnam.
3. The applicant may have or be able to obtain information, such as processed travel vouchers that would help to substantiate his request. Sworn statements from individuals who served in these assignments with the applicant and who, themselves, have substantiating documents might also help.
4. 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 this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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) AR20080004670
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