IN THE CASE OF:	  

		BOARD DATE:	      15 March 2012

		DOCKET NUMBER:  AR20110019131 


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 that his records be corrected to show he served in Vietnam for six months.

2.  The applicant states he was transferred from Germany to Vietnam in March 1969.  Because he did not have orders to Vietnam he was assigned as a mail handler for 2 and 1/2 months then transferred to the motor pool before being transferred back to Germany after six or seven months.  

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record). 

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 drafted and entered active duty on 10 May 1968.  He completed training and was awarded the military occupational specialty 63B (Mechanic).

3.  His DA Form 20 shows his assignments following training as:

	a.  Headquarters and Headquarters Battery, 6th Battalion, 67th Artillery Regiment, at Fort Riley, Kansas, from 17 October 1968 through 23 November 1969; and 

	b.  Company B, 504th Support and Transportation Battalion in Germany, from 21 December 1969 through 29 April 1970.

4.  He was released from active duty on 30 April 1970 and transferred to the Army Reserve (USAR) Control Group (Reinforcement).

5.  His DD Form 214 shows 1 year, 11 months, and 21 days of creditable service with 1 year, 4 months, and 13 days of service in Europe.

6.  The record contains no documentation showing any service in Vietnam.

7.  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 record does not contain and the applicant has not provided any documentation to support his contention that he served in Vietnam in 1969.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement; therefore, no relief is warranted.
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)                                         AR20110019131



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ABCMR Record of Proceedings (cont)                                         AR20110019131



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