BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130014608 


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 (Report of Separation from Active Duty) to show his foreign service in Vietnam.

2.  The applicant states:

* he served in Vietnam in 1972
* there is no record of his duty in Vietnam on his DD Form 214

3.  The applicant provides a copy of his DD Form 214. 

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 U.S. Army Reserve (USAR) Delayed Entry Program on 22 April 1974.  Item 49 (Prior Service) of his enlistment contract shows the entry "NA" (Not Applicable).

3.  He enlisted in the Regular Army (RA) on 22 May 1974 for a period of 3 years.  Item 49 (Prior Service) of his enlistment contract shows he had prior service in the USAR and the entry "NO ACTIVE FED SVC [Federal Service]."

4.  On 20 May 1977, he was honorably released from active duty.

5.  His DD Form 214 shows he was awarded the National Defense Service Medal.

6.  His DD Form 214 also shows in:

* Item 18b (Prior Active Service) the entry "0  0  0"
* Item 18d (Prior Inactive Service) the entry "0  1  0" (1 month)
* Item 18f (Foreign and/or Sea Service This Period) the entry "0  0  0"

7.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) is blank.

8.  There is no evidence of record which shows he served in Vietnam.

DISCUSSION AND CONCLUSIONS:

Although the applicant contends he served in Vietnam in 1972, there is no evidence of record and he provides no evidence to support this contention.  His 1974 RA enlistment contract shows he had no prior active Federal service.  Therefore, there is insufficient evidence on which to grant the requested relief.

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 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)                                         AR20130014608



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ABCMR Record of Proceedings (cont)                                         AR20130014608



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