IN THE CASE OF:
BOARD DATE: 30 June 2009
DOCKET NUMBER: AR20090001282
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 that he served in Vietnam and that he was awarded the Vietnam Service Medal.
2. The applicant states that he has applied to join the Veterans of Foreign Wars and that they will not accept his membership without his records being corrected to reflect his service in Vietnam.
3. The applicant provides in support of his application, a copy of his DD Form 214; and a copy of Special orders Number 264 dated 21 September 1967, releasing him from active duty.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 20 December 1965, the applicant was inducted into the Army in Chicago, Illinois. He successfully completed his training as a machinist.
3. The applicants records show that he was transferred and arrived in Thailand on 20 September 1966. His records also show that he departed Thailand on 21 September 1967 and that he returned to the Continental United States.
4. On 21 September 1967, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
5. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was award the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14). His DD Form 214 also shows that he had 1 year and 2 days of foreign service. However, his DD form 214 does not reflect the theater or dates of his foreign service.
6. A review of the available records does not show that the applicant served in Vietnam while he was in the Army.
7. 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.
8. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge from active duty.
9. Army Regulation 635-5 further provides that the total active duty outside 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 will be entered in item 22c of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he served in Vietnam and that he was awarded the Vietnam Service Medal.
2. The available records show that he arrived in Thailand on 20 September 1966 and that he departed Thailand on 21 September 1967. According to the information contained on his DD Form 214, he had 1 year and 2 days of foreign service and when you add his dates of service in Thailand, it totals 1 year and 2 days as currently reflected on his DD Form 214.
3. His contentions have been noted. However, there is no evidence in the available record, nor has the applicant submitted any evidence to support his contentions that he served in Vietnam and that he was awarded the Vietnam Service Medal. Therefore, it appears that the actions taken by the Army not to include the Vietnam Service Medal and foreign service in Vietnam on his DD Form 214 was proper.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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 that 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) AR20090001282
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ABCMR Record of Proceedings (cont) AR20090001282
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