BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130006426
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 that his records be corrected to show Boot on the Ground in Vietnam.
2. The applicant states that he suffers from several disabilities that are active duty related and he needs proof of his service.
3. The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. The applicant enlisted in the Regular Army on 23 December 1959 for a period of 3 years. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a radio teletype operator at Fort Gordon, Georgia before being transferred to Wurzburg, Germany on 12 July 1960.
3. On 12 July 1962, he was honorably discharged in Germany for the purpose of immediate reenlistment.
4. On 13 July 1962, he reenlisted for a period of 6 years. He departed Germany on 23 June 1963 and was transferred to Fort Lewis, Washington where he remained until he received a compassionate reassignment to Fort Rucker, Alabama on 29 January 1964.
5. On 17 February 1966 he was discharged under honorable conditions under the provisions of Army Regulation 635-209 for unsuitability. He had served 6 years, 1 month, and 26 days of active service.
6. There is no evidence in his official records to show that he was ever present in Vietnam in any status.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention and supporting documents have been noted. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he ever served in or was physically present in Vietnam.
2. Therefore, in the absence of such evidence there is no basis to add foreign service credit for service in Vietnam to his records.
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) AR20130006426
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ABCMR Record of Proceedings (cont) AR20130006426
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