BOARD DATE: 31 July 2018 

		DOCKET NUMBER:  AR20160017310


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



		
		BOARD DATE: 31 July 2018 

		DOCKET NUMBER:  AR20160017310


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.



		
		BOARD DATE:  31 July 2018

		DOCKET NUMBER:  AR20160017310


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 temporary duty (TDY) 
in Vietnam as foreign service.

2.  The applicant states, in effect, he needs the correction to apply for a 
Department of Veterans Affairs (VA) evaluation for Agent Orange.

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.  A request to the records facility failed to locate the majority of the applicant's 
service records.  The available records consist primarily of service medical 
records and a DD Form 214 for the period ending 16 April 1971.

3.  The available DD Form 214 shows he:

*	was ordered to active duty for 6 months from 17 October 1970 through 
16 April 1971
*	had 2 years of prior active duty service
*	held military occupational specialty 94B (Cook)

REFERENCES:

Army Regulation 15-185 (Army Board for Correction of Military Records 
(ABCMR)), states the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  It will decide cases on the evidence of 
record and it is not an investigative body.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

DISCUSSION:

The available records contain no evidence that he served in Vietnam in any 
capacity, to include any period of TDY.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20160017310


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20160017310


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2