IN THE CASE OF: 

		BOARD DATE:  13 June 2018

		DOCKET NUMBER:  AR20160013680


BOARD VOTE:

_________  _______  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ___x_____  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:
 
		BOARD DATE:  13 June 2018

		DOCKET NUMBER:  AR20160013680


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.



                                    _________________________
                                                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.



		IN THE CASE OF: 

		BOARD DATE:  13 June 2018

		DOCKET NUMBER:  AR20160013680


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 dates of service in 
Vietnam.

2.  The applicant states:

*	item 30 (Remarks) of his DD Form 214 shows no Vietnam service
*	he was sent to Vietnam for 2 months in 1969
*	he received combat pay 

3.  The applicant provides a copy of his DD Form 214.

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 military records are not available for review.  The National 
Personnel Records Center search failed to locate his service records.  This case 
is being considered based on the documents provided by the applicant.

3.  The DD Form 214 he provided shows:

*	he was inducted into the Army of the United States on 20 May 1968
*	in item 22c (Foreign and/or Sea Service) - he served in the U.S. Army 
Pacific for 10 months and 9 days
*	he was awarded the National Defense Service Medal, Armed Forces 
Expeditionary Medal, and Marksman Marksmanship Qualification Badge 
with Rifle Bar (M-14)
*	in item 30 – the entry "VN [Vietnam] Service:  NONE"
*	he was honorably released from active duty on 12 May 1970
  
4.  There is no evidence showing he served in Vietnam.  

REFERENCES:

1.  Army Regulation 635-5 (Separation Documents), in effect at the time, 
governed preparation of the DD Form 214.  The regulation provided that the total 
active duty service performed outside the continental limits of the United States 
for the period covered by the DD Form 214 and the last overseas theater in 
which the service was performed would be entered in item 22c.  Later versions of 
this regulation required that the inclusive dates of service in Vietnam performed 
on or after 5 August 1964 would be listed the remarks block.

2.  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 ABCMR.  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:

Although the applicant contends he was sent to Vietnam for 2 months in 1969 
and he received combat pay, there is no evidence showing he served in Vietnam.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20160013680


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20160013680


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2