IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110002898
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 his records be corrected to show he had "boots on the ground" in the Republic of Vietnam (RVN).
2. The applicant states he recalled his flight from Oakland/Hawaii/Philippines/
Vietnam/Thailand and deplaning at each.
3. The applicant provides:
* his letter, dated 21 September 2010, to the Defense Finance and Accounting Service (DFAS)
* DA Form 2139 (Military Pay Voucher) for the pay period 1-31 January 1967
* DA Form 2139 for the pay period 1-31 December 1967
* a letter, dated 15 July 2010, from the National Personnel Records Center, St. Louis, MO
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. He was inducted into the Army of the United States on 10 August 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty 76S (Automotive Repair Parts Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 57th Maintenance Company (Light Truck) (Direct Support) from 10 January through 5 December 1967 in Thailand.
4. On 9 August 1968, he was released from active duty. He completed 2 years of active service that was characterized as honorable.
5. In response to his request, DFAS provided him two DA Forms 2139.
a. DA Form 2139 for the pay period 1-31 January 1967 contained a note in item 11 (Remarks) that indicated he was in a combat zone in January 1967. However, the form did not indicate which combat zone or that he had "boots on the ground."
b. DA Form 2139 for the pay period 1-31 December 1967 contained a note in item 11 that indicated he flew over the RVN on return to the continental U.S.
DISCUSSION AND CONCLUSIONS:
1. The military pay voucher for the pay period 1-31 January 1967 indicates he was in a combat zone in January 1967, but does not indicate whether or not he was "boots on the ground" or how long of a period he was there.
2. He contends he deplaned in the RVN; however, there is no substantiative evidence to corroborate his contention.
3. In view of the above, there is insufficient substantiative evidence to provide the relief requested.
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.
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