BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000916 


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) to show his temporary duty (TDY) assignment in South Vietnam from October 1968 to August 1969.  

2.  The applicant states he was TDY.  

3.  The applicant provides a supplemental 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 was inducted into the Army of the United States on 12 October 1967.  

3.  Block 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he completed foreign service in U.S. Army Europe (USAREUR)-Germany from December 1968 through September 1969.

4.  Item 38 (Record of Assignments) on his DA Form 20 shows he was assigned to Troop K, 3rd Squadron, 2nd Armored Cavalry Regiment in Germany on 13 December 1968 and departed Germany on 13 September 1969.  

5.  His service personnel records do not contain orders which indicate he served in a TDY status in South Vietnam.  

6.  The applicant was released from active duty on 14 September 1969.  

7.  Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows he completed 9 months and 11 days of foreign service in USAREUR.    

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time directed that total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 22c.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was TDY in South Vietnam from October 1968 to August 1969.  However, the evidence of record does not support his claim.  

2.  The applicant’s service record does not contain orders which show he served in a TDY status in South Vietnam.  Additionally, his DA Form 20 and DD Form 214 show he completed foreign service in USAREUR-Germany.  

3.  In the absence of sufficient evidence, there is no basis for granting the applicant’s request.  

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.




      _______ _   _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)                                         AR20100000916





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR201000