RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060011948 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam for one week.

2.  The applicant states that his orders from Fort Lewis, Washington, show the order for the combat zone.  He would like to have this added on his DD Form 214.  

3.  The applicant provides a copy of his change of station orders, dated 4 April 1970, and his DD Form 214, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 January 1971, the date of his release from active duty.  The application submitted in this case is date 5 August 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he was inducted into the Army of the United States, in pay grade E-1, on 21 January 1969.

4.  The applicant's records show he completed basic and advanced training and was assigned military occupational specialty 76J, medical supply and parts specialist.

5.  The applicant submits a copy of Special Orders Number 94, dated 4 April 1970, that show he was reassigned to the 457th Combat Support Company, APO 96203, with a reporting date of 11 April 1970.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the US Army Pacific (USARPAC), Korea, from 13 April 1970 to 13 January 1971.  His records do not show he served in Vietnam.
7.  The applicant was released from active duty, in pay grade E-5, on 3 January 1971, as an Overseas Returnee.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).

8.  The DD Form 214 issued to the applicant shows in Item 22c Foreign and/or Sea Service:  USARPAC.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Vietnam Service Medal, which would indicate service in Vietnam.  Item 30 (Remarks) of his DD Form 214 shows VN Service: None.  

9.  The applicant was discharged from the USAR at the expiration of his term of service on 1 January 1975.

10.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  
	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 
	(2)  all air spaces above the land and water area.
The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 
Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  
	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 
	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or
	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

12.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  This regulation specified that all available records would be used as a basis for the preparation of the DD Form 214 including DA Form 20 and orders.  Item 22c (Statement of Service), Foreign and/or Sea Service) will list the total active duty outside the continental limits of the US for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."  Item 30, the "Remarks" section, will be used to complete entries too long for their respective blocks.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his service time on his DD Form 214 to show he served in Vietnam for one week.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The evidence shows the applicant served in the USARPAC, Korea, from 13 April 1970 to 13 January 1971.  This information is appropriately shown in Item 22c of his DD Form 214.  His records do not show he served in Vietnam for any length of time and the documentation he submitted does not show he served in Vietnam for 1 day or more. 

3.  It is also noted that the applicant was not awarded the Vietnam Service Medal, which was awarded to all members of the Armed Forces of the US for qualifying service, attachment to or assignment for 1 or more days, in Vietnam after July 1965 through 28 March 1973.  The evidence of record failed to show the applicant's entitlement to the Vietnam Service Medal.

4.  In the processing of this case, it was noted the applicant served in Korea during the qualifying period for award of the Korea Defense Service Medal.  This award will be added administratively to the applicant's DD Form 214 even though he did not specifically ask for it.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management 
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 January 1971, the date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 January 1974.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___A____  __RSV__  __SWF__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 to show he served in Vietnam for one week.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Korea Defense Service Medal and providing him a correction to his separation document that includes this award.




______James E. Anderholm_____
          CHAIRPERSON

INDEX

CASE ID
AR20060011948
SUFFIX

RECON

DATE BOARDED
20070306
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY with Note
REVIEW AUTHORITY

ISSUES         1.
100.00
2.
107.00
3.

4.

5.

6.


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