IN THE CASE OF:	  

		BOARD DATE:  5 June 2012

		DOCKET NUMBER:  AR20110020912


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 foreign service in Vietnam be recognized.

2.  The applicant states he served on temporary duty (TDY) in Vietnam from March to September 1967.

3.  The applicant provides:

* a letter he wrote to the National Personnel Records Center on 7 July 2011
* DD Form 215 (Correction to DD Form 214), dated 25 August 2011
* pages 3 and 4 of his 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's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he:

* enlisted in the Regular Army for 4 years on 7 February 1966
* was honorably separated 3 months early on 6 November 1969
* held military occupational specialty (MOS) 05H2O (Morse Interceptor)
* served 1 year, 5 months, and 15 days of foreign service

3.  The applicant's DA Form 20 shows he:

* was assigned to the U.S. Army Security Agency Field Station (USASAFS), Kagnew Station, Ethiopia as his only overseas assignment
* had foreign service from 16 January 1967 to 7 July 1968

4.  The applicant's DA Form 201 (Military Personnel Records Jacket) does not contain any TDY orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served a period of TDY in Vietnam and requests his records be corrected to show this service.

2.  The applicant did not provide, and his records do not contain, proof he ever served in Vietnam.

3.  The applicant and all others concerned should know that he performed valuable service to our Nation as a Morse Code interceptor in Ethiopia.  The applicant and all Americans should be justifiably proud of this service.  

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)                                         AR20110020912





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ABCMR Record of Proceedings (cont)                                         AR20110020912



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