IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100016986
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 that he served in combat in Vietnam.
2. The applicant states, in effect, that he needs his records to reflect that he served in combat in Vietnam for his claim for post-traumatic stress disorder. He states, in effect, his claim is being denied by the Department of Veterans Affairs (VA) because they do not have enough information about his service in Vietnam. He goes on to state that he was in the hospital on 5 June 1968.
3. The applicant provides a short hand-written note regarding 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. The applicant enlisted in the Regular Army in Charlotte, NC on 17 January 1967 for a period of 2 years. He completed his basic training at Fort Bragg, NC and his advanced individual training as a cargo handler at Fort Eustis and Fort Story, VA before being transferred to Vietnam on 16 July 1967 for assignment to Company A, 9th Supply and Transportation (S&T) Battalion, 9th Infantry Division for duty as a cargo handler. He was advanced to pay grade E-4 on 1 January 1968.
3. On 17 June 1968, the applicant received a DA Form 2166 (Enlisted Efficiency Report) in which he was evaluated as the supervisor of the 9th S&T Battalion salvage yard.
4. The applicant departed Vietnam on 11 July 1968 and he was transferred to Fort Story where he remained until he was honorably released from active duty (REFRAD) on 16 January 1969 due to the expiration of his term of service (ETS). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he had served 2 years of total active service and he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 also reflects that he served 11 months and 25 days of foreign service in the U.S. Army, Vietnam (USARV).
5. The applicants medical records are not available for review and his service personnel records do not indicate his duty status was changed to that of a patient. Additionally, there is no evidence to show that he actively participated in ground combat operations or that he received any individual decorations for combat participation in Vietnam.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant has failed to show through the evidence submitted with his application or the evidence of record that his DD Form 214 was not properly prepared to reflect the correct information regarding his service in Vietnam.
2. Therefore, lacking such information there appears to be no basis to grant the applicants 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) AR20100016986
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ABCMR Record of Proceedings (cont) AR20100016986
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