IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110018066 


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 DA Form 20 (Enlisted Qualification Record) to show he did not serve in the Republic of Vietnam.

2.  The applicant states:

* he recently received a copy of his records which show that he served in Vietnam
* his records show he deployed to Vietnam on 3 November 1965 and he did not
* it was determined he was too close to his release from active duty so it was determined that he would not deploy with this unit

3.  The applicant 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 was inducted into the Army on 21 November 1963.  He completed training as a radio technical telephone operator and was assigned to Fort Benning, Georgia.

3.  Entries made on his DA Form 20 show he was transferred to Vietnam on 3 November 1965.

4.  On 19 November 1965, the applicant was honorably released from active duty due to the expiration of his term of service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he received does not show he had served in Vietnam.

5.  A review of the applicant’s official military record fails to show that he ever served in the Republic of Vietnam.

6.  A DA Form 20 provides a record of individual personnel management qualifications such as grade, skills, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  

2.  The only document in his official military record that indicates he deployed to Vietnam is his DA Form 20.

3.  As previously stated his DA Form 20 provides a record of individual personnel management qualifications such as grade, skills, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.  Because he was released from active duty on 19 November 1965, his DA Form 20 is no longer active and correction of this form would not be appropriate.

4.  In view of the foregoing, the applicant’s request should be denied.





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)                                         AR20110018066





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ABCMR Record of Proceedings (cont)                                         AR20110018066



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