BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100026661
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his service in Vietnam.
2. The applicant states that he served on the Army ship Corpus Christi Bay in Vietnam for 9 months and his DD Form 214 does not reflect any service in Vietnam.
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 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 on 11 December 1970 for a period of 2 years and training under the Warrant Officer Flight Training Program. He completed his basic training at Fort Polk, Louisiana and was medically disqualified for the Warrant Officer Flight Training Program.
3. He completed advanced individual training as an aircraft engine repairman at Fort Eustis, Virginia and was transferred to Company A, United States Army Transportation Corps Battalion, Corpus Christi, Texas as an aircraft engine repairman.
4. A search of the applicants records shows no evidence to indicate when the applicant was transferred to or departed Vietnam. However, his records contain one document that indicates that on 10 June 1972 he was issued an eyeglass prescription by the Medical Section, 1st Transportation Corps Battalion, United States Naval Ship Corpus Christi Bay, Fleet Post Office (FPO) San Francisco, California 96601.
5. On 11 September 1972 he was honorably released from active duty (REFRAD) at the Naval Air Station at Corpus Christi, Texas. He had served 1 year, 9 months and 1 day of active service.
6. His DD Form 214 issued at the time of his REFRAD reflects no foreign service or service in Vietnam.
7. The United States Navy Ship (USNS) Corpus Christi Bay named for Corpus Christi Bay in the Southern Texas Coastal Bend was a floating aeronautical maintenance facility for helicopters and operated out of Cam Ranh Bay, Vietnam. It was taken out of service in 1973 and sold for scrap in 1975.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served in Vietnam is certainly not in doubt, the available evidence simply is not sufficient to establish the dates he served in Vietnam.
2. While it is regrettable that there are insufficient records to establish his service in Vietnam, the passage of time (38 years) makes it difficult at best to ascertain when he served on the USNS Corpus Christi Bay.
3. Therefore, in the absence of evidence to establish the dates he served in Vietnam there is no basis to grant the applicants request at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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.
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