IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008451
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 service in Vietnam and all of the awards he is entitled to.
2. The applicant states he:
* is a combat veteran and he served in Vietnam
* was injured within the first two to three months and sent back to the
United States
* he served with 1st Cavalry, 82nd Airborne Division
* he was struck by a blast and received injuries to his face and head
3. The applicant does not provide any additional evidence.
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 27 July 1965. He completed initial entry training and was awarded military occupational specialty (MOS)
11H (Infantry Direct Fire Crewman). On 8 April 1966, he was transferred to the U.S. Army Reserve (USAR) due to hardship. He was credited with 8 months and 9 days of total active service, with 3 days of lost time due to being absent without leave (AWOL).
3. On 15 January 1970, he was notified that he was being ordered to active duty due to his lack of attendance at his units scheduled training assemblies.
4. Letter Orders A-02-185, issued by, Headquarters, Third United States Army, Fort McPherson, Georgia, dated 26 February 1970, ordered him to active duty for 14 months and 24 days.
5. On 6 April 1970, he entered active duty. He was honorably discharged on 17 September 1971. He was credited with 1 year, 8 months, and 6 days of total active service, with 79 days of lost time due to AWOL. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal (NDSM) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).
6. His DA Form 20 (Enlisted Qualification Record) shows in
* item 31 (Foreign Service) service in Germany but not in Vietnam
* item 38 (Record of Assignments) - service in Germany from 27 April 1970 through 24 November 1970; Fort Benning, GA, from 25 November 1970 through 9 December 1970; Fort Jackson, SC, from 10 December 1970 through 25 January 1971; then back to Fort Benning on 26 January 1971
* item 40 (Wounds) "NA"
* item 41 (Awards and Decorations) NDSM and the Expert Marksmanship Qualification Badge
7. The available records are void of any evidence that shows he was awarded or entitled to any additional awards.
8. The available records do not show he served or was wounded in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support his request for correction of his DD Form 214 to show additional awards and service in Vietnam.
2. There is no evidence that he ever served in Vietnam or was wounded during his enlistment. His records are void of any evidence showing his entitlement to additional awards.
3. In the absence of documentary evidence substantiating his statement that he served in Vietnam and that he is entitled to additional awards, there is an insufficient basis upon which to correct his records to show any additional awards or service in 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) AR20140008451
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ABCMR Record of Proceedings (cont) AR20140008451
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