BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130019455
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 his DD Form 214 does not reflect his service in Vietnam. He departed Travis Air Force Base, CA on 2 November 1972 for Vietnam and he was stationed at Camp Alpha in Saigon.
3. The applicant provides copies of his DD Form 214 and orders transferring him to Vietnam.
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 8 December 1971 for a period of 2 years. He completed his basic training at Fort Polk, LA and his advanced individual training as a seaman at Fort Eustis, VA. He was advanced to the pay grade of E-4 on 7 July 1972.
3. On 28 August 1972, orders were published that directed the applicants reassignment to the Overseas Replacement Station at Oakland, CA for further travel and assignment to Vietnam. His report date to Oakland was 26 October 1972.
4. On 2 November 1972, orders were published by the Army Personnel Center in Oakland that directed the applicants movement to Vietnam with a report date of 5 November 1972.
5. A review of his official record failed to show any evidence of the applicant ever arriving in Vietnam.
6. His record also do not contain the facts and circumstances surrounding his administrative discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of hardship; however, his record contains a DD Form 214 that shows the applicant was assigned to the Third Army Support Group at Homestead Air Force Base, FL when he was honorably discharged on 29 January 1973, under the provisions of Army Regulation 635-200, chapter 6, due to hardship. He served 1 year, 1 month, and 21 days of active service and his DD Form 214 reflects no foreign service.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served in Vietnam is not in question, there simply is no evidence in the available records to show that he actually entered or departed the country of Vietnam during his period of active duty service.
2. Therefore, in the absence of such evidence, it must be presumed that he did not serve in Vietnam and that his DD Form 214 is correct. Accordingly, in the absence of evidence to the contrary, there appears to be an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130019455
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ABCMR Record of Proceedings (cont) AR20130019455
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