IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100011661 


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 records to show entitlement to combat status, missing in action (MIA) status, prisoner of war (POW) status, military retirement, and award of the appropriate medals for his service in Vietnam.

2.  The applicant states he was part of a top secret experiment during the Vietnam War.  Between 1963 and 1965, he had 81 kills.  He went back to Vietnam from 1967 to 1969; he was a POW, as well as being listed as MIA.  He was told he would receive double his time towards retirement for this period of service.  He is requesting all medals to which he is entitled and states he enlisted under four different names between 1963 and 2002.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 October 1987; 13 pages from his Department of Veterans Affairs (VA) records including a VA Supplemental Statement of the Case, dated 8 February 1999; a U. S. District Court class action settlement notification; and receipt notification from the Board for Correction of Naval Records (BCNR).

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 submitted three applications and packets of information which contain primarily the same information and arguments.  In one he indicates that he had service in the Marine Corps while on another application he lists his service as being only in the Army.  His application to the BCNR appears to have been administratively closed with documentation being forwarded to this Board for action.

3.  The available records show the applicant enlisted in the Regular Army on 11 August 1984, at age 19.  His age was validated by the submission of his birth certificate that shows he was born on 27 February 1965.  He completed training and he was awarded military occupational specialty 12B (Combat Engineer) and assigned to duty in Hawaii.

4.  He was extended on active duty to complete a physical evaluation board (PEB).  Although a copy of the PEB is not of record, the record does show he was discharged due to a physical disability with severance pay. 

5.  His DD Form 214 for the period ending 14 October 1987 shows he served on active duty from 11 August 1984 through 14 October 1987.  He was credited with 3 years, 1 month, and 4 days of net active service.  This form also shows he had no prior active service and 2 months and 15 days of total prior inactive service.

6.  The documents provided by the applicant do not provide any clarifying information related to his military service.  The VA Supplemental Statement of the Case provided by the applicant shows he was denied service-connection for post traumatic stress disorder as his records show that during the period he claims to have been in the Philippines, he was in fact in Hawaii.

7.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 states that 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 states he was part of a top secret experiment during the Vietnam War.  Between 1963 and 1965, he had 81 kills.  He went back to Vietnam from 1967 to 1969; he was a POW, as well as being listed as MIA.  He was told he would receive double his time toward retirement for this service.  He is requesting all medals to which he is entitled and states he enlisted under four different names between 1963 and 2002.

2.  The applicant claims to have had multiple periods of service with the first commencing two years prior to his date of birth and the last in 2002.

3.  The record does not contain and the applicant has not provided any evidence that he had any periods of service other than that which is recorded on his DD Form 214 for the period ending 14 October 1987.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100011661



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ABCMR Record of Proceedings (cont)                                         AR20100011661



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