IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100010256 


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 (Report of Transfer or Discharge) to show his service in Vietnam.

2.  The applicant provides no explanation. 

3.  The applicant provides a copy of his DD Form 214 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 21 March 1968.  He served as a radio relay and carrier operator and was released from active duty on 20 March 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 

3.  The applicant's DD Form 214 shows the National Defense Service Medal and Good Conduct Medal as authorized awards.  Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows he served 1 year, 5 months, and 4 days of foreign service.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 11th Air Defense Signal Battalion in Germany on        19 October 1968.  Item 31 (Foreign Service) of his DA Form 20 shows he    served in Germany form 17 October 1968 through 17 December 1968 (a total    of 2 months and 1 day).  He was assigned to Headquarters and Headquarters Company, U.S. Army Personnel Center in Oakland, California from 31 January 1969 through 19 March 1970. 

5.  There is no evidence of record which shows the applicant served in Vietnam.

6.  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 oversea theater in which the service was performed would be entered in item 22c.  

DISCUSSION AND CONCLUSIONS:

Although there appears to be a discrepancy in the applicant's foreign service shown on his DA Form 20 and DD Form 214, there is no evidence of record and the applicant provided no evidence which shows he served in Vietnam.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show 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.




      _______ _   _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)                                         AR20100010256





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ABCMR Record of Proceedings (cont)                                         AR20100010256



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