RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 August 2007 DOCKET NUMBER: AR20070004576 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. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. Conrad V. Meyer Chairperson Mr. Dale E. DeBruler Member Ms. Ernestine R. Moya 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam for 92 days effective 4 February 1964. 2. The applicant states, in effect, that he was assigned to the U.S. Army Special Security Agency in the Republic of the Philippines and that he deployed to the Republic of Vietnam on temporary duty for a period of 4 months. However, due to injury, he was medically evacuated after spending 92 days in the Republic of Vietnam. 3. The applicant provides a copy of his DD Form 214, a copy of his Standard Form (SF) 514 (Clinical Record-Laboratory Report), a copy of his Department of Veteran Affairs Form 10-9034 (Discharge Diagnosis), and a self-authored letter, 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. The applicant's records show that he enlisted in the Regular Army on 30 July 1962 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 058.10 (Morse Interceptor). He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 29 July 1965. 3. Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Records) shows that upon completion of assignments at Fort Ord, California and Fort Devens, Massachusetts, the applicant proceeded to the Republic of Philippines on 6 May 1963 where he was assigned to the 9th U.S. Army Special Assistance Operations Company. Section 4 further shows that the applicant completed his tour in the Republic of Philippines and returned to the Continental United States (CONUS) on 19 December 1964. 4. Item 29 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant was stationed in the Philippines during the period 9 May 1963 through 8 November 1964. 5. The applicant's DA Form 735 (Health Records-Abstract of Service) does not show medical treatment in the Republic of Vietnam. 6. The applicant's name is not shown on the Vietnam Casualty Roster. 7. The applicant's medical records do not show that he was medically evacuated due to an injury or a wound in the Republic of Vietnam. 8. The applicant's records do not show any temporary orders (TDY) for travel from the Republic of Philippines to the Republic of Vietnam. 9. The applicant submitted a copy of his SF 514-M, clinical record, showing treatment for a sexually transmitted disease. The SF 514-M was stamped with a stamp that reads "Viet-Nam-Cong-Hoa-Boyte". 10. In his self-authored statement, the applicant alleges that as a member of the intelligence community, his travel to the Republic of Vietnam was not supposed to be official and that he even changed his shoulder patch to keep his presence in the Republic of Vietnam unknown. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he is entitled to correction of his military records to show overseas service in the Republic of Vietnam for 92 days as of 4 February 1964. 2. There is no evidence in the available record and the applicant has not provided sufficient evidence to show that he served in the Republic of Vietnam. Therefore, he is not entitled to correction of his records to show service in the Republic of Vietnam. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __cvm___ __ded___ __erm___ 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. Conrad V. Meyer ______________________ CHAIRPERSON INDEX CASE ID AR20070004576 SUFFIX RECON DATE BOARDED 20070821 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (DENY) REVIEW AUTHORITY ISSUES 1. 120.0000 2. 3. 4. 5. 6.