IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120010776
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 Army Military Human Resource Record (AMHRR) to show his Vietnam service.
2. The applicant states:
* he was sent from Germany to Vietnam
* he was with his unit looking for Soldiers missing in action or stranded personnel
* he was in Vietnam for approximately 2 months and then he returned to his unit in Germany
* his records reflect that he reported to his unit in Germany twice, but his records do not show where he was between those dates
* while he was in Vietnam he was in a helicopter crash outside DaNang.
3. The applicant provides two pages of his DA Form 2-1 (Personnel Qualification Record Part II) and VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim).
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 Army on 30 June 1973. He completed training as a field wireman. He arrived in Germany on 6 December 1974 and was assigned to Headquarters and Headquarters Battery, 1st Battalion, 1st Air Defense Artillery (ADA).
3. The applicant's DA Form 2-1 shows that he remained in Germany assigned to his unit until he departed en-route to the United States on 27 June 1975.
4. The applicant was discharged on 30 June 1975. His DD Form 214 (Report of Separation from Active Duty) shows he had 5 months and 21 days of foreign and/or sea service this period.
5. There is no evidence in the available record showing that the applicant ever served in Vietnam or that he was in a helicopter crash while he was in the Army.
6. 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. His records show he arrived in Germany on 6 December 1974 and was assigned to Headquarters and Headquarters Battery, 1st Battalion, 1st ADA. He continued to be assigned to this unit until he departed Germany en-route to the United States on 27 June 1975.
3. There is no evidence in the available record, nor has the applicant submitted any evidence, showing that he served in Vietnam or that he was in a helicopter crash when he was in the Army.
4. In view of the foregoing, the applicant's 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) AR20120010776
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ABCMR Record of Proceedings (cont) AR20120010776
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