BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120006910 


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:

	a.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in Vietnam and Korea; and

	b.  award of the Vietnam Service Medal.

2.  The applicant states:

* he performed the bulk of his service work in Vietnam and Korea
* his DD Form 214 is in error because it does not reflect his temporary duty assignments in Vietnam and Korea (as well as Cambodia, Thailand, Burma, and Laos)
* he was on secret assignments as a cameraman and still photographer documenting enemy, allied, and U.S. activities in Southwest Asia
* they were under orders to destroy all records of their project activities at the end of each project and were led to believe that formal records of their activities would be kept by the military
* these records were kept during their service and were destroyed sometime after 1974
* his family has a proud history of military service in times of war
* he was captured by the Viet Cong while on a secret mission but he managed to get out of the situation on his own
* he needs this information corrected so he can receive medical treatment for Agent Orange exposure   
3.  The applicant provides:

* International Certificates of Vaccination
* Two eyewitness statements from fellow Soldiers
* 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 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 enlisted in the Regular Army on 30 April 1970.  He completed his training and was awarded military occupational specialty 84C (motion picture photographer).  On 28 April 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  

3.  His DD Form 214 shows:

* the National Defense Service Medal, Sharpshooter Marksmanship Qualification Bade with Rifle (M-16) Bar, and Expert Marksmanship Qualification Badge with Grenade Bar as authorized awards
* he served in the U.S. Army Pacific (USARPAC) 2 years, 3 months, and 
24 days
* in item 30 (Remarks) the entry "INDOCHINA:  NO  KOREA:  NO" 

4.  His DA Form 20 (Enlisted Qualification Record) is not available.

5.  The available records show he served in Hawaii during his assignment in USARPAC.

6.  There is no evidence in the available records which shows he served in Vietnam or Korea.

7.  He provided his International Certificates of Vaccination which shows he was vaccinated on what appears to be 6 October 1971 at the Immunization Clinic at the 18th Medical Dispensary at Army Post Office 96243 (Vietnam).

8.  He provided an eyewitness statement, dated 26 December 2011, from his commander (a captain) at the time in question who attests:

* the applicant served in Vietnam as a motion picture photographer with the Army Special Photographic Office (DASPO) Detachment during the summer of 1971
* he arrived in Saigon sometime during the month of April 1971 and departed during the month of October 1971 for assignments in Japan and Korea

9.  He provided an undated eyewitness statement from a fellow Soldier at the time in question who attests:

* he was assigned to the DASPO Detachment in Hawaii in April 1971
* in August 1971 he was sent to join a DASPO team already in Vietnam and the applicant was there
* while in Vietnam he and the applicant worked many jobs together
* in October 1971 he and the applicant were sent to Korea
* temporary duty orders are not reflected on the DD Form 214 and apparently are not maintained at all by the Army
* he was granted service connection for nephropathy and diabetes associated with herbicide (Agent Orange) exposure
* he thinks the applicant needs to be evaluated for Agent Orange exposure  

10.  Army Regulation 600-8-22 (Military Awards) states 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.  

11.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 is in error because it does not reflect his temporary duty assignments in Vietnam and Korea.  However, there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command.  

2.  The medical documentation provided by the applicant shows he was in Vietnam for 1 day.  His inclusive dates of service in Vietnam are not available.  The governing regulation states qualifying service for award of the Vietnam Service Medal included temporary duty for 30/60 days unless the Soldier was in combat operations.  It doesn't appear he was in combat operations.  Therefore, there is insufficient evidence on which to award the Vietnam Service Medal at this time. 

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)                                         AR20120006910



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ABCMR Record of Proceedings (cont)                                         AR20120006910



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