BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100021651
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam.
2. The applicant states that while stationed in Korea from 19 April to 25 August 1969 he was asked to perform missions in Vietnam due to training he received at Fort Jackson, SC, and Fort Bragg, NC, regarding troop movements and size of encampments. He never received the recognition he deserves for putting his life on the line in Vietnam and feels his discharge should note this service.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the South Carolina Army National Guard (SCARNG) on 6 October 1965. He entered active duty for initial entry training (IET) on 28 March 1966. Upon completion of IET he was awarded military occupational specialty 36B (Telephone Installer-Repairman). He was honorably released from active duty to return to the SCARNG on 23 September 1966.
3. Letter Orders A-2-1447 issued by Headquarters, Third U.S. Army, dated 3 March 1969, ordered him to active duty for 17 months and 5 days with a reporting date of 28 March 1969. His record shows he reported as ordered.
4. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Korea from 19 April to 25 August 1969.
5. A DD Form 214 documenting his second period of active duty service shows he was honorably discharged on 1 September 1970. Item 30 (Remarks) shows he served in Korea from 19 April to 25 August 1969.
6. The record is void of documentation showing he served in Vietnam.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated all available records would be used as the basis for completing the DD Form 214. It also stated to enter inclusive dates of service in Vietnam during the current period of service in item 30.
DISCUSSION AND CONCLUSIONS:
The available records do not show the applicant served in Vietnam and he has not provided any documentation to substantiate his claim. In the absence of such evidence, there is no basis for granting the 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 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) AR20100021651
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ABCMR Record of Proceedings (cont) AR20100021651
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