IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170002700 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: 5 September 2018 DOCKET NUMBER: AR20170002700 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. IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170002700 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 records to show service in Vietnam. 2. The applicant states he served in Vietnam with the 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division in 1968 – 1969. He had a break in service and again served on active duty from November 1979 through 19 January 1991. 3. The applicant provides no supporting 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. The applicant served on active duty from 12 October 1967 through 10 October 1969. 3. Other than his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the above period, and a few vague references on a DA Form 2-1 – Part II (Personnel Qualification Record) as to his status from 12 October 1967 to 2 April 1979; the available records do not contain any documentation related to his first period of active duty service. 4. The 10 October 1969 DD Form 214 shows: * his last duty assignment as Company C, 2nd Battalion, 325th Infantry Regiment, Third United States Army * award of the military occupational specialty 11B (Light Weapons Infantryman) * 1 year, 11 months, 28 days of net service * 9 months of foreign and/or sea service in "USARPAC" * award of the: * National Defense Service Medal * Parachute Badge 5. The applicant had a break in service, enlisting on 3 April 1979. He was medically retired effective 11 January 1990. 6. The available DA Form 2-1 – Part II commences with his 1979 enlistment. It shows he had two periods of foreign service totaling 6 years during this enlistment, both in Puerto Rico. 7. Neither the DA Form 2-1 nor his DD Form 214 show any awards or decorations for service in Vietnam. 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: 1. While the notation of "USARPAC" was utilized for designating service in Vietnam at the time of the applicant's first period of active duty, it was also utilized for service anywhere in the Pacific theater of operations. 2. Without some type of record to verify that the applicant served in Vietnam, there is insufficient evidence to support a correction of his records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002700 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002700 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2