IN THE CASE OF:	  

		BOARD DATE:	    1 September 2011

		DOCKET NUMBER:  AR20110002420 


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 he served in Vietnam during the period May to July 1968 and that he had a major medical problem.

2.  The applicant states his records do not show he was in Vietnam or that he had a major medical problem.  He adds that he contracted pneumonia during basic training at Fort Leonard Wood and then contracted it again while attending combat engineer advanced individual training.  He states he was then shipped to Vietnam in May 1968 and after 2 months in Saigon with his unit he contracted pneumonia again, and was sent back to Fort Leonard Wood in July 1968.  He further states his records were apparently burned in the fire (taken to mean the fire of 1973 in St. Louis, MO) and the available documents do not show his periods of pneumonia or that he got serious frostbite while on guard duty in Grafenwoehr, Germany.  He states that someone lined through some of the entries on his DA Form 20 (Enlisted Qualification Record).  He continues by adding that he needs Department of Veterans Affairs (VA) medical benefits and hopes the Board can investigate his records.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his DD Form 47 (Record of Induction), DA Form 1811 (Physical and Mental Status on Release from Active Service), DA Form 2292 (U.S. Army Advance Emergency Order to Active Duty), U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 12-1354585, and his DA Form 20.


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.  His military records show he was inducted into the Army of the United States on 25 January 1968.  He was awarded military occupational specialty 12B (Combat Engineer) and was promoted to pay grade E-5.

3.  His DA Form 20 shows he completed advanced individual training (AIT) during the period 25 May to 19 July 1968.

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served a tour of duty in Germany during the period 7 August 1968 to 4 January 1970.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows the following:

* basic combat training (BCT) started on 1 February 1968 and advanced individual training (AIT) is dated 30 March 1968 and 25 May 1968 and both are lined through
* BCT (with a different company) during the period 12 April to 24 May 1968
* Advanced Individual Training during the period 25 May to 18 July 1968
* Casual - Enroute to U.S. Army Europe (USAREUR) during the period 19 July to 8 August 1968
* initial assignment to Germany on 9 August 1968

6.  His pre-induction medical physical, Standard Form (SF) 89 (Report of Medical History), contains a note stating he had a history of pneumonia.  An SF 600 (Health Record - Chronological Record of Medical Care) contained in his records show he was treated for a cough and pneumonia at a dispensary at Fort Leonard Wood, MO on several dates between 15 February and 17 June 1968.  One of these forms indicates he was hospitalized between 17 and 23 June 1968.

7.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 7 February 1969, shows he was diagnosed with pneumonia.  There is no evidence in his medical records that he was diagnosed with frostbite while serving in Germany.

8.  He was honorably released from active duty on 24 January 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He completed a total of 2 years of creditable active service.  Item 22c (Foreign and/or Sea Service) contains the entry "USAREUR 01 05 18."

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
 
10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he completed AIT at Fort Leonard Wood, from 25 May to 19 July 1968.  His records show he was treated at medical facilities at Fort Leonard Wood between 15 February and 23 June 1968.  Evidence indicates he was at Fort Leonard Wood and not in Vietnam between May and July 1968.  As such, he is not entitled to correction of his DD Form 214 to show he served in Vietnam.

2.  His medical records show he was treated for pneumonia while in the military and that he was diagnosed with pneumonia.  However, there is no evidence that he was treated for frostbite.  As such, it is not clear what "major medical problem" the applicant wants shown in his records beyond what is already shown.  The available records do not show that he suffered from any major medical problem.

3.  In view of the foregoing, there is an insufficient basis for granting the applicant's request.







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)                                         AR20110002420



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ABCMR Record of Proceedings (cont)                                         AR20110002420



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