BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110020473
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam.
2. The applicant states he was sent to Long Binh, Vietnam in 1966 after he completed advanced individual training (AIT). An error was found and he was sent back to CA and assigned to the 61st Artillery, 1st Battalion, Nike Hercules, Travis Air Force Base, CA.
3. The applicant provides:
* Special Orders Number 318, dated 14 November 1966
* Special Orders Number 188, dated 6 July 1968
* DD Form 214, effective 6 July 1968
* DD Form 1351-4 (Voucher or Claim for Dependent Travel and Dislocation or Trailer Allowance)
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's records show he was inducted into the Army of the United States on 7 July 1966 and he held military occupational specialty 71H (Personnel Specialist).
3. After completing AIT at Fort Knox, KY, he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 61st Artillery, Travis Air Force Base, CA, on 19 November 1966.
4. On 6 July 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 2 years of creditable active service of which none was served overseas.
5. There are no orders in his records that show he was assigned/attached to a unit in Vietnam or that he served there while in a temporary duty (TDY) status.
6. The applicant provides:
a. Special Orders Number 318, dated 14 November 1966, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, which reassigned him to Travis Air Force Base, CA, upon completion of AIT;
b. Special Orders Number 188, dated 6 July 1968, issued by Headquarters, U.S. Army Personnel Center, which released him from active duty, effective
6 July 1968, and transferred him to the United States Army Control Group; and
c. A claim for dependent travel from Fairfield, CA to Rochester, NY, which was paid in October 1968.
DISCUSSION AND CONCLUSIONS:
Notwithstanding the applicant's sincerity, the evidence of record does not show he served in Vietnam. His records do not contain orders to show he was ever assigned, attached, or TDY to Vietnam. Therefore, his request should be denied.
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) AR20110020473
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ABCMR Record of Proceedings (cont) AR20110020473
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