IN THE CASE OF:	  

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080005307 


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 record be corrected to document his service in Southeast Asia.   

2.  The applicant states, in effect, that his Southeast Asia service, which included performing missions in Vietnam, Cambodia, and Thailand, was omitted from his record.  He also requests the Board review his medical records because he now suffers from diabetes and his sons were born with defects in 1968 and 1972.

3.  The applicant provides no additional documentary evidence in support of his application.  

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 applicant’s 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 applicant’s 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 that he enlisted in the Regular Army and entered active duty on 29 July 1961.  He was awarded and served in military occupational specialty 723.60 (Communication Center Specialist), and sergeant (SGT) is the highest rank he held while serving on active duty.

3.  The applicant’s Service Record (DA Form 24) shows in Section 5 (Service Outside the Continental United States) that he served in Thailand from 20 March 1963 through 6 July 1964.  Item 29 (Foreign Service) of his Enlisted Qualification Record (DA Form 20) also confirms he completed an overseas tour in Thailand.  His record contains no entries or documents verifying service in Vietnam or Cambodia.

4.  The applicant’s Official Military Personnel File (OMPF) contains a Report of Medical Examination (SF 88), dated 2 July 1964, which documents the applicant’s separation physical examination.  The Clinical Evaluation portion of this form shows that with the exception of one, he received all normal evaluations in all areas, which included lungs and chest, heart and vascular areas.  The sole abnormal evaluation was in the "Anus and Rectum" area, where the note "asymptomatic hemorrhoidal tags" was added.  The applicant received a "111111" physical profile, which indicated good health with no medical disqualifications, and the examining physician found the applicant was fully qualified for separation.

5.  On 8 July 1964, the applicant was honorably released from active duty (REFRAD) in the rank of SGT after completing 2 years, 11 months, and 10 days of active military service.  Item 24c (Foreign and/or Sea Service) of the separation document (DD Form 214) he was issued at the time contains an entry confirming he completed 1 year, 3 months, and 22 days of overseas service, and that his last overseas major command was the United States Army Pacific (USARPAC) which included Thailand.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparation of the DD Form 214.  The instructions for entering foreign service in the version of the regulation in effect at the time of the applicant’s REFRAD provided for entering the total amount of overseas service completed during the period covered by the DD Form 214 and for entering the last major command in which overseas service was performed.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service in Southeast Asia is not documented in his military record was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant completed an overseas tour in Thailand, which was an overseas area included in the USARPAC major command, and that this overseas service is properly documented on his DA Form 20, DA Form 24, and on the DD Form 214 he was issued upon his REFRAD.  His record shows no service in Vietnam, Cambodia, or any other overseas area and as a result, there is an insufficient evidentiary basis to support granting the requested relief.  

3.  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.

4.  The applicant’s OMPF contains an SF 88 documenting his separation physical examination that indicates he was in good health at the time of his REFRAD, and that confirms he was fully qualified for separation (further service). There are no medical treatment records indicating he suffered from or was treated for any disqualifying medical condition that would have supported his separation processing through medical channels at the time of his REFRAD.  The rating or compensation for service-connected medical conditions that were not disqualifying for further service at the time of his separation is not within the purview of this Board.  Any claim regarding service-connected medical conditions should be addressed to the Department of Veterans Affairs (VA), which is the responsible agency for these matters.

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)                                         AR20080005307



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ABCMR Record of Proceedings (cont)                                         AR20080005307



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