IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003137
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Vietnam service. He also requests the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and any other awards or citations to which he may be entitled added to his DD Form 214.
2. The applicant states he was assigned to a unit in Okinawa and he served as an advisor to train South Vietnam villagers. This required several trips into Vietnam for different durations and during these tours he was exposed to Agent Orange and now suffers from diabetes. He needs his DD Form 214 corrected so he can obtain benefits from the Department of Veterans Affairs (VA).
3. The applicant provides:
* a letter from the Veterans Service Commission of Belmont County, OH, dated 8 August 2012
* 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 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. The applicant enlisted in the Regular Army on 20 February 1967 for a period of 3 years. He completed training and he was awarded military occupational specialty 16B (Hercules missile crewman).
3. On 28 January 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 9 days of total active service. The DD Form 214 he was issued at the time shows in:
* item 22c (Foreign and/or Sea Service) he served 1 year, 5 months, and
28 days of foreign service in the U.S. Army Pacific (USARPAC)
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) no medals or citations for Vietnam-related service
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Okinawa from 26 August 1967 through 23 February 1969, that equates to 1 year, 5 months, and 28 days of foreign service.
5. There is no evidence of record and the applicant did not provide any evidence that shows he spent any time in Vietnam.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Vietnam Service 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.
b. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for the Vietnam Service Medal. "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.
c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he made several trips to Vietnam during his assignment in Okinawa.
2. Evidence shows he served in Okinawa from 26 August 1967 to 23 February 1969 which is properly shown in item 22c of his DD Form 214.
3. There is no evidence of record and he provided no evidence that shows he was assigned or attached to a unit in Vietnam or that he was on temporary duty status in Vietnam during his tenure of service. In the absence of any corroborating evidence, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120003137
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ABCMR Record of Proceedings (cont) AR20120003137
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