IN THE CASE OF:
BOARD DATE: 06 NOVEMBER 2008
DOCKET NUMBER: AR20080012797
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 correction of his Report of Transfer or Discharge (DD Form 214) to show that he served in Vietnam.
2. The applicant states that his DD Form 214 does not show that he served in Vietnam.
3. The applicant provides no additional documentation 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 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. On 3 October 1966, the applicant was inducted into the Army in Detroit, Michigan. He successfully completed his training as a heavy construction equipment operator.
3. Special Orders Number 11 was published on 12 January 1968, reassigning the applicant to Korea. The orders instructed him to arrive at Kimpo, Air Force Base by air travel on or about 12 January 1968. He was assigned to Headquarters and Headquarters Company, 2nd Engineer Battalion, 2nd Infantry Division, on 15 January 1968.
4. After completing 9 months and 18 days of service in Korea, the applicant returned to the Continental United States (CONUS) and he was released from active duty (REFRAD) on 28 October 1968, under the provisions of Army Regulation 625-200, chapter 5, as an overseas returnee.
5. A review of the available records does not show that the applicant ever served in Vietnam while he was in the Army.
6. Army Regulation 635-5 is the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individuals service as it exists at the time of his discharge or REFRAD.
DISCUSSION AND CONCLUSIONS:
1. The available records show that the applicant served in Korea from 12 January 1968 through 28 October 1968, when he returned to the CONUS and was REFRAD. This information was properly annotated on his DD Form 214.
2. There is no evidence in the available records, nor has the applicant submitted any evidence to support his contention that he served in Vietnam while he was in the Army. Therefore, Vietnam service was not included on his DD Form 214 and, in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
3. In order to justify correction of a military record the applicant must show, 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. In view of the foregoing, there is no basis for granting the applicants request.
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.
_______ _ 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) AR20080012797
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