IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003811 


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 foreign service in Vietnam.

2.  The applicant did not make a statement.

3.  The applicant did not provide any 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 was inducted into the Army of the United States on 11 May 1971.  He completed basic combat at Fort Leonard Wood, MO, in July 1971, and advanced individual training at Fort Sill, OK, in August 1971.  He was awarded and he held military occupational specialty (MOS) 13A (Field Artillery Basic).

3.  Subsequent to completing his MOS training, he was reassigned to the 2nd Armored Division, Fort Hood, TX.  

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not list any foreign service.   Additionally, item 38 (Record of Assignments) shows he served at Fort Hood, TX.

5.  There are no permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents in his service record that shows he was ordered to or served in Vietnam.

6.  He was honorably discharged from active duty on 12 March 1973.  The DD Form 214 he was issued shows he completed 1 year, 9 months, and 2 days of total active service.  This form also shows in:

* item 18f (Foreign and/or Sea Service This Period) he did not complete any foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no Vietnam service-related awards

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 18f shows 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 service was performed, e.g., USAREUR [U.S. Army Europe].  

DISCUSSION AND CONCLUSIONS:

The evidence of record shows, subsequent to completing basic and advanced individual training, the applicant served at Fort Hood, TX as a permanent duty station.  There is no evidence in his service records and he did not provide any substantiating evidence that he served in Vietnam.  In the absence of PCS or TDY orders; other official documents such as TDY settlement vouchers or leave and earnings statements showing receipt of hazardous duty pay; or witness statements, regretfully, there is insufficient evidence to grant the applicant's requested relief.
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)                                         AR20110003811



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ABCMR Record of Proceedings (cont)                                         AR20110003811



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