BOARD DATE:	 13 March 2012 

		DOCKET NUMBER:  AR20110016034 


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 records to show his service in Vietnam. 

2.  The applicant states he needs his records corrected to show he served in Vietnam from 1969 through 1970 in order to obtain benefits.

3.  The applicant provides a letter of support from a fellow Soldier.  He also provides four letters of appreciation that belong to the fellow Soldier.

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 on 20 June 1969.  He completed the training requirements and he was awarded military occupation specialty 94A (Food Services Specialist).

3.  He received nonjudicial punishment under Article 15, Uniform Code of Military Justice while assigned to the:

	a.  2nd Training Brigade, Fort Campbell, KY on 3 October 1969 and 9 February 1970; and 

	b.  2nd Battalion, 33rd Artillery Regiment, Augsburg, Germany, on 20 August 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to: 

	a.  Fort Campbell, KY, for training from 30 June 1969 through 7 April 1970; 

	b.  2nd Battalion, 33rd Artillery Regiment in Germany, from 18 May 1970 through 26 July 1971; and
 
	c.  in pretrial confinement in Germany from 3 April to 18 May 1971.

5.  The applicant was released from active duty on 28 July 1971.  His DD Form 214 shows 1 year, 11 months, and 25 days of creditable service with 45 days of lost time.  Item 22c (Foreign Service) shows 1 year and 27 days of service in USAREUR (U.S. Army Europe).

6.  The applicant's official military personnel file contains no evidence that he served in Vietnam at any time.

7.  The letter of support from a fellow Soldier, with the supporting documents, states the Soldier served in Vietnam from 1968 through 1970.  He had known the applicant prior to service and recalls being surprised to have met-up with him in Vietnam.  The fellow Soldier states he and the applicant went on Rest and Recreation together in Saigon and met-up again during an Alcoholics Anonymous meeting in 1992.  

8.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record of NJPs show he served in either Kentucky or Germany in 1969 and 1970. 

2.  There are no periods of service unaccounted for and no official documentation that would put the applicant in Vietnam at anytime.  

3.  The statement of support from a fellow Soldier is insufficient to warrant correction of the applicant's records 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)                                         AR20110016034



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ABCMR Record of Proceedings (cont)                                         AR20110016034



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