RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 February 2006
      DOCKET NUMBER:  AR20050008650


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Robert W. Soniak              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show
he served in the Republic of Vietnam (RVN) from March through September
1970.

2.  The applicant states, in effect, that while he was assigned to Germany,
he went on temporary duty (TDY) to the RVN from March through September
1970.  He claims to have been diagnosed with a Post Traumatic Stress
Disorder (PTSD) and is requesting his military records be corrected to show
the correct locations of his assignments.

3.  The applicant provides a Statement in Support of Claim (VA Form 21-
4138) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 3 March 1971.  The application submitted in this case was
received on 8 June 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he was inducted into the Army and
entered active duty on 10 March 1969.  He was trained in, awarded and
served in military occupational specialty (MOS) 16B (Hercules Missile
Crewman), and the highest rank he attained while serving on active duty was
specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 31 (Foreign Service), that he served overseas in Germany from 14
August 1969 through 28 February 1971.  Item 38 (Record of Assignments)
shows that during his tour in Germany, he was assigned to Battery C, 4th
Battalion, 6th Artillery from 18 August through 10 December 1969, and to
Battery D, 2nd Battalion, 56th Artillery from 11 December 1969 through 28
February 1971.

5.  Item 31 of the applicant’s DA Form 20 contains no entry related to RVN
service, and Item 38 has no record of assignment to any RVN unit.  Further,
there is no indication in Item 42 (Remarks) that indicates he was ever on
TDY in the RVN.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any
orders, or other documents indicating the applicant ever served in the RVN
in any status.

7.  The applicant’s MPRJ contains a copy of Headquarters, 2nd Battalion,
56th Artillery Letter Orders Number 5-18, dated 11 May 1970, which
authorized the applicant a four day administrative absence to Garmish,
Germany and Austria beginning on 15 May 1970.  It also contains a promotion
packet that contains a Promotion Board President memorandum, dated 21 July
1970, which confirms the applicant appeared before the battalion promotion
board in Germany on
21 July 1970.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time of the applicant’s separation
required an entry in Item 30 (Remarks) documenting Vietnam service for
those members who served there.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he served in the RVN in a TDY status from
March through September 1970 was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant served overseas in
Germany from 14 August 1969 through 28 February 1971.  It also confirms
that on 15 May 1970, the applicant was authorized a four day administrative
absence to go to Garmish, Germany and Austria, and that he appeared before
a battalion promotion board in Germany on 21 July 1970.

3.  In view of the facts of this case, absent any evidence to corroborate
the applicant’s claim that he was TDY in the RVN from March through
September 1970, there is an insufficient evidentiary basis to support
granting the requested relief.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 March 1971, the date of his
separation.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 1 March 1974.  However, he failed to
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JLP__  __DED__  ___RWS_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Jennifer L. Prater____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050008650                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/02/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/03/03                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |113.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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