IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080007630 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a temporary duty assignment in Vietnam.

2.  The applicant states that his tour in Doung Tam, Mae-Kon Delta, South Vietnam, is not included on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record) 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 was ordered to active duty from the Army National Guard on 13 May 1968 for a period of 2 years.  He arrived in Vietnam on 3 June 1969.  Orders show he was assigned to Headquarters Service Battery, 1st Battalion, 11th Artillery, in Vietnam from 3 June 1969 until 25 September 1969 when he was reassigned to Hawaii.  He departed Hawaii on 11 December 1969.  On 12 December 1969, he was released from active duty and returned to the Army National Guard to complete his remaining service obligation.

3.  Item 22c (Foreign and/or Sea Service) on the applicant’s DD Form 214 shows that he served 2 months and 24 days of foreign service.  His DD Form 214 also shows that he was separated from the service on temporary records and a Soldier’s affidavit.

4.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Also, there is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was on temporary duty to Vietnam from 3 June 1969 to 25 September 1969, there is no provision to show temporary duty assignments on the DD Form 214.  Therefore, there is no basis for granting the applicant’s request.

2.  The applicant may use this Record of Proceedings as evidence he served in Vietnam.  

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.



      _________xxx________________
                 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)                                         AR20080007630





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007630



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1