IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080006384
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 foreign service be shown on his DD Form 214.
2. The applicant states he served in Vietnam with the 101st Airborne in early 1963. He was injured in his face during his Vietnam service while fighting the Viet Cong and he spent 5 months in a hospital in San Diego, CA
3. The applicant provides a 14 March 2008 letter from The American Legion.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests he be kept advised of all actions by the Board.
2. Counsel states as indicated above.
3. Counsel provides as indicated above.
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 into the Army of the United States for 2 years on 11 April 1962. He underwent Basic Combat Training at Fort Knox, KY and field artillery Advanced Individual Training at Fort Sill, OK. Upon completion of all required training, he was transferred to Fort Benning, GA on/about 10 September 1962 for Basic Airborne Training.
3. Upon completion of Basic Airborne Training, the applicant was awarded the parachutist badge and transferred to Fort Campbell, KY for assignment with B Battery, 1st Howitzer Battalion, 321st Artillery, 101st Airborne Division. He arrived at Fort Campbell on/about 8 October 1962.
4. The applicant's records clearly show that he did not serve a single day of foreign service. Everything in his records indicates he served at Fort Campbell until he was honorably released from active duty on 10 April 1964.
5. The applicant's medical records confirm that he received medical care at Forts Knox, Sill, Benning, and Campbell; he did not receive medical care at a hospital in San Diego.
6. The applicant's records show one injury to his face occurring on 21 November 1962 at Fort Campbell. His nose was broken when a fellow Soldier punched him in the face.
7. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he served from 11 April 1962 through 10 April 1964 for a period of 2 years. It shows he had no foreign service. It shows he was awarded no service medals.
DISCUSSION AND CONCLUSIONS:
1. The applicant claims he served in Vietnam in early 1963 and was wounded in the face by the Viet Cong and spent 5 months in the hospital in San Diego.
2. The applicant's records clearly show that his statements are false; he never served in Vietnam and his only facial "wound" was a broken nose suffered in a fist fight at Fort Campbell.
3. The applicant's claim that he went to Vietnam with his unit in early 1963 is not believable. Army records show the 101st Airborne Division landed at Cam Ranh Bay, Vietnam on 29 July 1965. This was 2 years after the applicant's release from active duty; however, even if he had gone to Vietnam in a temporary duty status during early 1963, there are no orders in his records showing that duty.
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
__xxx___ __xxx___ __xxx___ 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.
XXX
______________________
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) AR20080006384
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ABCMR Record of Proceedings (cont) AR20080006384
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