IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140019818
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 his service in Tunis, Tunisia, Africa and the award his unit was to receive be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he arrived in Germany on 16 December 1969 and he was assigned to Company C, 317th Engineer Battalion. His unit was sent to Africa to build a bridge for a railroad crossing over a river to carry out mountain material. His unit was to have received an award for their service in Africa.
3. The applicant provides no additional evidence in support of 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. On 21 September 1967, he enlisted in the Regular Army for 3 years.
3. He served in the Republic of Vietnam from 28 February 1968 to 27 February 1969.
4. On 16 December 1969, he was assigned to Company C, 317th Engineer Battalion in Germany.
5. Headquarters, 317th Engineer Battalion Letter Order Number 1-10, dated
13 January 1970, ordered him to proceed on temporary duty (TDY) to Tunis, Tunisia on 14 January 1970 for a period of approximately 90 days.
6. On 15 September 1970, he was released from active duty. He completed
2 years, 11 months, and 25 days of active service that was characterized as honorable. He completed 1 year, 9 months, and 1 day of foreign service.
Item 30 (Remarks) of his DD Form 214 contains the entry "28 FEB 68-28 FEB 69 RVN."
7. Lineage and Honors Information provided on the U.S. Army Center of Military History website does not show the 317th Engineer Battalion received an award for service in Africa during the period in question.
8. Interim Change Number 11, dated 26 January 1970, to Army Regulation 635-5 (Separation Documents), dated 23 January 1967, stated the inclusive dates of service in Vietnam during the current period of service were to be entered in
item 30 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Headquarters, 317th Engineer Battalion letter orders show he was to proceed on TDY to Tunisia on 14 January 1970 for approximately 90 days. The
DD Form 214 is not a record of a Soldier's assignments or periods of TDY during his enlistment. Army Regulation 635-5, in effect at the time, only provided for an entry on the DD Form 214 for service in the Republic of Vietnam.
2. The Center of Military History website does not show a unit award for the 317th Engineer Battalion for service in Africa.
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) AR20140019818
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