IN THE CASE OF: BOARD DATE: 5 August 2008 DOCKET NUMBER: AR20080009715 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) with the period ending 22 November 1973 to show service in Vietnam. 2. The applicant states, in effect, that he served in Vietnam at Camp Alpha in DaNang in 1973 for 3-4 months. He was originally assigned to the Army Hospital at Camp Hue, Okinawa and was sent on temporary duty (TDY) as part of Operation Golden Flow to Vietnam. 3. The applicant provides his DD Form 214 and four photos of himself and fellow Soldiers apparently in 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 30 November 1970 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 92B (Medical Laboratory Specialist). 3. The applicant arrived in Okinawa and was assigned to the U.S. Army Hospital on or about 19 February 1972. 4. The applicant provided four photos of himself and fellow Soldiers apparently in Vietnam. 5. There are no orders in the applicant's records that show he served in Vietnam (i.e., deployment and/or TDY). 6. The applicant departed Okinawa in November 1973. On 22 November 1973, he was honorably released from active duty after completing 2 years, 11 months, and 23 days of creditable active service with no time lost. DISCUSSION AND CONCLUSIONS: The applicant provided photos that apparently show he was in Vietnam. However, the photos are not enough proof to show he served in Vietnam and there is no evidence such as morning report entries or completed travel vouchers, in his records that show he served in Vietnam during his term of service. Therefore, there is insufficient evidence to change his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___xx___ ___xx___ __xx____ 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. ______xxxx _______ ___ 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) AR20080009715 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009715 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1