BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008070
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 that he was stationed in Cam Ranh Bay, South Vietnam during the period of 20 June to
5 August 1971 before being assigned to the 317th Maintenance Company.
2. The applicant states that his records do not show that he arrived in Cam Ranh Bay, South Vietnam on 20 June 1971 and remained there on guard duty until
5 August 1971 when he was assigned to the 317th Maintenance Company.
3. The applicant provides no additional documents with his application.
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 31 July 1970 for a period of
3 years and training as a switchboard operator. He completed his basic training and his advanced individual training before being transferred to Germany on 8 January 1971.
3. On 4 June 1971, he was honorably discharged for the purpose of immediate reenlistment. He had served 10 months and 5 days of total active service.
4. On 5 June 1971, he reenlisted for a period of 3 years and assignment to Vietnam. He departed Germany on 21 June 1971 with orders directing him to report to the U.S. Army Vietnam Transit Detachment, Army Post Office San Francisco (APO SF) 96384. APO SF 96384 was the postal code for Tan Son Nhut Air Base, South Vietnam.
5. The applicant arrived in Vietnam on or about 1 August 1971. On 6 August 1971, he was assigned to the 317th Maintenance Company where he remained until he departed Vietnam on 12 March 1972 as a patient and was transferred to the medical holding Company at Fort Campbell, Kentucky. The record is silent as to the reason for his early departure as a patient.
6. The applicant was assigned to a signal team in Arlington Heights, Illinois until he was discharged on 24 May 1974.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim he served on guard duty for 15 days while in Cam Ranh Bay awaiting his assignment to the 317th Maintenance Company is not in doubt, there is no evidence of record and he provides none to confirm this.
2. The evidence of record shows that he had orders transferring him to the transient detachment at Tan Son Nhut Air Base, South Vietnam and the applicant has not provided evidence to show otherwise, and his next assignment was with the 317th Maintenance Company.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to granting his request to show assignment to Cam Ranh Bay, South Vietnam.
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) AR20140008070
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ABCMR Record of Proceedings (cont) AR20140008070
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