IN THE CASE OF:	  

		BOARD DATE:  26 November 2014

		DOCKET NUMBER:  AR20130006777 


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, award of medals and ribbons for service in the Republic of Vietnam (RVN) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show those awards.

2.  The applicant states he served in the RVN as indicated in the Remarks block of his DD Form 214.  He contends that he did not know until now that he should have received awards for his service in the RVN.

3.  The applicant provides a copy of his DD Form 214 (Member copy Number 1)

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.  On 17 June 1970, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 95B (Military Police).

3.  Special Orders Number 328, Fort Lewis, WA, dated 24 November 1970, assigned the applicant to the 249th Military Police Detachment (249th MP Det) Confinement Facility in the Republic of Korea (ROK).  His reporting date was 
28 November 1970.

4.  Special Orders Number 313, Eighth United States Army (EUSA) Personnel and Administration Battalion (P&A Bn), dated 27 November 1970, relieved the applicant from assignment (not joined) to the 249th MP Det and directed his assignment to the 4th Battalion (Hercules), 44th Artillery, with a reporting date of 29 November 1970.

5.  Special Orders Number 267, 4th Battalion (Hercules), 44th Artillery, dated 
1 December 1970, further assigned the applicant to Battery F, 4th Battalion with a reporting date of 5 December 1970.

6.  Special Orders Number 145, paragraph 152, EUSA P&A Bn, dated 25 May 1971, advanced the applicant to specialist four, pay grade E-4, effective 12 April 1971.  The standard name line shows the applicant was a member of Battery F, 4th Battalion (Hercules), 44th Artillery.

7.  Special Orders Number 343, Headquarters, 6th P&A Bn, dated 9 December 1971, directed the applicant's reassignment from Battery F, 4th Battalion (Hercules), 44th Artillery to the U.S. Army Transition Station, Fort Lewis, WA.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he departed the ROK on 22 January 1972.

8.  On 23 January 1972, the applicant was released from active duty.  His DD Form 214, original carbon copy number 2, as filed in his Official Military Personnel File (OMPF), now known as the Army Military Human Resource Record (AMHRR), shows the following information:

	a.  in Item 22a (Net Service this Period): 1 year, 7 months, and 7 days;

	b.  in Item 22c (Foreign and/or Sea Service): "USARPAC" (United States Army Pacific) 1 year, 1 month, and 29 days;

	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): "NDSM" (National Defense Service Medal), "AFEM (KOREA)" (Armed Forces Expeditionary Medal for service in the ROK), "EXP M-14" (Expert Marksmanship Qualification Badge with Rifle Bar)

	d.  Item 30 (Remarks): "VN SERVICE: NO, INDOCHINA: NO, KOREA: YES

9.  The DD Form 214 provided by the applicant appears to be a photocopy of the number 1 copy of his DD Form 214.  A comparison of that copy with the original carbon copy filed in his AMHRR indicates that these two forms were originally created at the same time.  However, the following discrepancies are noted on the number 1 photocopy provided by the applicant:

	a.  Item 24 is missing the Korea country name from beside the AFEM; and

	b.  Item 30 shows "YES" for service in Vietnam and "YES" for service in Korea.

10.  Army Regulation 635-5 (Separations) provides for the preparation of separation documents, to include the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is authorized award of medals and ribbons for service in the RVN and that his DD Form 214 should be corrected to show those awards.  He states he served in the RVN as indicated in Item 30 on his DD Form 214.

2.  The available evidence of record clearly and convincingly shows that the applicant served one overseas tour from on or about 24 November 1970 to on or about 22 January 1972 (1 year, 1 month, and 29 days) in the ROK.  This overseas service is accordingly recorded in Item 22c of his DD Form 214 along with the notation that the duty was in USARPAC.

3.  While the RVN was also a part of the USARPAC theater, the applicant could not have been in both places at the same time.  The special orders in his AMHRR clearly show he served his entire period of overseas duty in the ROK.  There is no evidence of record indicating that at any time he was reassigned to the RVN.


4.  In view of the above, the applicant's request 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)                                         AR20130006777





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ABCMR Record of Proceedings (cont)                                         AR20130006777



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