IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100020876 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service.

2.  He states he served in Vietnam. 

3.  He provides no additional evidence. 

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 he enlisted in the Regular Army on 14 June 1971.  He completed Basic Combat Training (BCT) at Fort Dix, New Jersey and 

Advanced Individual Training (AIT) at Fort Belvoir, Virginia.  On 9 November 1971, he was awarded military occupational specialty (MOS) 62B (Engineer Equipment Maintenance).  In November 1971, he was assigned to Fort Riley, Kansas.  

3.  Documents in his records, such as Article 15s, Servicemen's Group Life Insurance Election, orders, and a Letter of Appreciation, all verify that at the time of issuance, he was assigned to Fort Riley.  These documents were dated between November 1971 and May 1973.

4.  His DA Form 20 (Enlisted Qualification Record), block 31 (Foreign Service) and block 38 (Record of Assignments), does not show any foreign service.

5.  On 11 May 1973, he was honorably discharged due to hardship.  His 
DD Form 214 shows he was credited with 1 year, 10 months, and 28 days of active federal service.  His last duty assignment is listed on his DD Form 214 as D Company, 34th Engineer Battalion, Fort Riley.  

6.  The applicant's DD Form 214, block 22c (Foreign and/or Sea Service) contains the entry "0 - 0 - 0" which indicates there was no period of foreign service.  

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed in item 22c from the period covered in item 22a(1) (Net Service This Period). 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to support the applicant's contention that he served in Vietnam.  In fact, the evidence suggests he spent his entire enlistment, with the exception of BCT and AIT, at Fort Riley, Kansas.  

2.  In view of the foregoing, there is no basis for granting his 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)                                         AR20100020876



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020876



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1