BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20120022069
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 the:
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal (RVNCM) with Device 1960
* RVN Gallantry Cross with Palm Unit Citation (RVNGC)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
2. The applicant states information received from the National Personnel Records Center (NPRC) authorizes him the aforementioned awards.
3. The applicant provides:
* NPRC Letter
* 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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered primarily using the DD Form 214.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 2 May 1967 and continued to serve until he was honorably released from active duty on 1 May 1969. He completed 2 years of active federal service.
4. His DD Form 214 shows he completed 5 months and 19 days foreign service in the U.S. Army Pacific (USARPAC) Theater. It also shows he earned the following awards:
* National Defense Service Medal
* Army Good Conduct Medal
* Parachutist Badge
5. The applicant provides an NPRC Letter, dated 3 December 2010, which shows he is authorized additional awards which include the following:
* VSM
* RVNCM
* RVNGC
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. There is no available evidence to show the applicant served in the RVN. Additionally, there is no evidence to show any of his weapons qualifications during his tenure on active duty.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states for item 13, to enter the awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to additional awards that are not listed on his DD Form 214. However, there is insufficient evidence to support this claim.
2. While the applicant's DD Form 214 does show he completed 5 months and 19 days foreign service in the USARPAC, this theater covers multiple locations and there is no evidence to confirm this service was in the RVN. In addition, there are no documents or orders available to show the applicant qualified as "sharpshooter" with any weapon or was authorized the Sharpshooter Marksmanship Qualification Badge with the Rifle Bar. Therefore, notwithstanding the information contained in the NPRC letter, there is an insufficient evidentiary basis to support granting any relief in this case.
3. In view of the foregoing, the applicant's records should be denied.
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) AR20120022069
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ABCMR Record of Proceedings (cont) AR20120022069
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