IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130013255
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 addition of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that he:
* was transported aboard the USS MANN off the shore of Vietnam from June 1965 to July 1965
* has ischemic heart disease and diabetes II
* is trying to demonstrate he has presumptive diseases associated with his service in Vietnam
* believes he was exposed to Agent Orange
3. The applicant provides a copy of 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 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 13 November 1964 for a period of 3 years. He completed his training and was awarded military occupational specialty (MOS) 31B (field radio mechanic).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 5 June 1965 through 16 July 1966.
4. He was honorably released from active duty on 9 November 1967.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. There is no evidence of record which shows he served in Vietnam or contiguous areas.
7. 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.
8. Army Regulation 600-8-22 states 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 was transported aboard the USS MANN off the shore of Vietnam from June 1965 to July 1965. However, evidence shows he served in Korea during this period.
2. There is no evidence of record and the applicant provides no evidence which shows he served in Vietnam or contiguous areas. Therefore, there is insufficient evidence on which to base adding the Vietnam Service Medal or Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214.
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) AR20130013255
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ABCMR Record of Proceedings (cont) AR20130013255
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