IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110022495
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 his foreign service in Vietnam.
2. The applicant states his DD Form 214 does not show his service in Vietnam from October to November 1968.
3. The applicant provides his DD Form 214 for the period ending 15 November 1968 and a letter from the National Personnel Records Center (NPRC), dated
11 July 2011.
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 13 December 1966 and he held military occupational specialty 95B (Military Policeman).
3. After completing advanced individual training at Fort Gordon, GA, he was assigned to the Air Force Student Detachment, 4th U.S. Army (4000) Fort Sam Houston, TX with duty at Lackland Air Force Base, TX on 7 May 1967.
4. On 12 July 1967, he was reassigned to Battery D, 4th Battalion (Nike-Hercules), 65th Artillery, Van Nuys, CA.
5. On 15 November 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 11 months, and 3 days of creditable active service of which none was served overseas.
6. 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.
7. The applicant provides a letter from the NPRC which responds to his request for his official military personnel file and medical records.
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) AR20110022495
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ABCMR Record of Proceedings (cont) AR20110022495
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