IN THE CASE OF:
BOARD DATE: 21 MAY 2009
DOCKET NUMBER: AR20080019272
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 his DA Form 20 (Enlisted Qualification Record) be corrected to show he served in Vietnam.
2. The applicant states his DA Form 20 is incorrect. He was en route to Vietnam, but his DA Form 20 shows Redstone Arsenal, AL. Following Advanced Individual Training (AIT), he was sent to Vietnam. In Vietnam, the Red Cross notified the Army that his mother was ill and he was sent home on emergency leave. When his emergency leave ended, his mother was still sick and he stayed home, thereby becoming absent without leave (AWOL). When he reported back to duty, he was sent to Redstone Arsenal and given a hardship discharge.
3. The applicant provides:
a. a copy of a VA Form 21-4138 (Statement in Support of Claim);
b. a copy of Special Order Number 151, Headquarters, The United States Army Medical Training Center (USAMTC), Fort Sam Houston, TX, dated 18 July 1969, assigning him to the US Army Overseas Replacement Station, Oakland, CA, not later than 19 August 1969, for transfer to Vietnam; and
c. a copy of an Illinois Department of Veterans Affairs Form 200.
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 20 March 1969. He completed Basic Combat Training (BCT) at Fort Leonard Wood, MO, and was transferred to Fort Sam Houston, TX for AIT in military occupational specialty (MOS) 91A (Medical Corpsman). He underwent AIT from on/about 26 May 1969 to on/about 1 August 1969. On 1 August 1969, he was awarded MOS 91A.
3. The applicant was issued Special Order Number 151 directing him to report to Oakland Army Base, Oakland, CA. From there, he would be transferred to Vietnam.
4. The record shows the applicant never reported to the Oakland Army Base. It appears his orders were changed in order to accommodate his mothers medical condition. His DA Form 20, in Item 38 (Record of Assignments) shows the following:
20 Mar 69 No Duty US Army Reception Station, Fort Leonard Wood, MO
26 Mar 69 BCT Co E, 5th Bn, 2nd BCT Bde, Fort Leonard Wood, MO
23 May 69 Casual Enroute to Fort Sam Houston, TX
26 May 69 AIT Co D, 2nd Bn, USATMC, Fort Sam Houston, TX
01 Aug 69 Casual Enroute to Redstone Arsenal, AL
10 Sep 69 No Duty AWOL
06 Oct 69 Medic Med Det, US Army Hospital, Redstone Arsenal, AL
24 Nov 69 REFRAD Released from Active Duty
5. The applicant applied for a hardship discharge based on his mothers medical condition. The discharge was approved and the applicant was separated on 24 November 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he had 8 months and 5 days of creditable service and no foreign service.
6. The applicants record contains no orders showing he ever arrived in Vietnam or was assigned to any unit there. His record does not show he was ever awarded the Vietnam Service Medal or any other awards common to the Vietnam War.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his Vietnam service shown.
2. The record shows the applicant never served in Vietnam. The order which he provided shows only that he was supposed to report to the Oakland Army Base for transfer to Vietnam; it does not show that he reported, or that he actually went to Vietnam.
3. The applicant claims he arrived in Vietnam only to be returned to the United States because of his mothers medical emergency. The record does not support this contention; his 8 months and 5 days of active duty were spent at Fort Leonard Wood, Fort Sam Houston, and Redstone Arsenal, not Vietnam.
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
___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) AR20080019272
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ABCMR Record of Proceedings (cont) AR20080019272
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