IN THE CASE OF:	  

		BOARD DATE:	    24 September 2013

		DOCKET NUMBER:  AR20130003568 


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 states that his DD Form 214 only shows his service in Germany and does not reflect the 11 months he served in Vietnam.  He contends that after arriving in Germany he was reassigned to Cam Ranh Bay, Vietnam.  He also contends his Vietnam Service Medal and Republic of Vietnam Campaign Medal are missing from his DD Form 214.

3.  The applicant provides no additional information.

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.  His records show he enlisted in the Regular Army on 11 February 1969. 

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he completed foreign service in the U.S. Army Europe (USAREUR) – (Germany) from 24 February 1970 through 3 February 1971.

4.  On 3 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 
20 days of creditable active service of which 11 months and 8 days was foreign service in the USAREUR.

5.  There are no orders in his records that show he was assigned/attached to a unit in Vietnam or that he served there while in a temporary duty (TDY) status.

DISCUSSION AND CONCLUSIONS:

Notwithstanding the applicant's sincerity, the evidence of record does not show he served in Vietnam.  His records do not contain orders to show he was ever assigned, attached, or TDY to Vietnam.  Therefore, his 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 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)                                         AR20130003568



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ABCMR Record of Proceedings (cont)                                         AR20130003568



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