IN THE CASE OF:	   

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130016901 


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 the following corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing in:

* Item 22c (Foreign Service) – all of his foreign service
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the Vietnam Service Medal and Vietnam Campaign Medal
* Item 30 (Remarks) - he served in Vietnam 

2.  The applicant states there is a gap in his records from 1972 and he served in Vietnam.  His life has been altered by his Vietnam service and Agent Orange exposure. He has tried for years to locate records.

3.  The applicant provides copies of the following:

* DA Form 20 (Enlisted Qualification Record)
* Special Orders (SO) Number 191
* Letter Orders Number 1-143
* DA Form 3836 (Notice of Return of US Army Member from Unauthorized Absence)
* Letter from the Director, Service to Military Families
* DA Form 2496 (Disposition Form)
* DA Form 188 (Extract Copy of Morning Report)
* Eight illegible forms
* Certificate of Appreciation
* Standard Form (SF) 93 (Report of Medical History)
* DD Form 214 
* Honorable Discharge Certificate
* Two photographs alleged to be of him
* Letter from the Department of Military and Veterans Affairs

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 26 January 1971 and he served as a light weapons infantryman.

3.  He provided a copy of and his record contains a DA Form 20 (Enlisted Qualification Record) which shows in:

* Item 31 (Foreign Service) - no foreign service
* Item 38 (Record of Assignments) - he was assigned to organizations at Fort Ord, CA, Fort Carson, CO, and Fort Lewis, WA
* Item 41 (Awards and Decorations) – the same awards as listed on his DD Form 214

4.  He also provided copies of the following:

   a.  SO Number 191, dated 10 July 1971, amending previously issued orders pertaining to his secondary military occupational specialty; the orders show he was assigned to Fort Ord.

   b.  Letters Orders Number 1-143, dated 9 July 1972, pertaining to his placement on leave for compassionate reason.  The orders show he was assigned to Company E, 1st Battalion, 7th Cavalry, APO San Francisco (SF) 96490.
   c.  A DA Form 3836,which shows he was reported absent without leave (AWOL) on 24 July 1972 and returned to duty on 27 December 1972.  The form shows he was assigned to Company E, 1st Battalion, 7th Cavalry, APO SF 96490 (Republic of Vietnam).

   d.  A letter from the Director, Service to Military Families, dated 28 July 1972, which stated the applicant had contacted their office for the purpose of extending his leave to complete arrangements for family move from MT.  The letter stated he was assigned to Company E, 1st Battalion, 7th Cavalry, APO SF 96490.

   e.  A DA Form 2496, dated 7 March 1973, which shows he was charged with time lost from 24 July through 27 December 1972 and 29 January through 9 February 1973.

   f.  A DA Form 188, dated 8 May 1973, which shows he was assigned to Company E, 1st Battalion, 7th Cavalry, APO SF 96490.

   g.  Eight illegible forms which he does not identify by form number or name on his application.
   
   h.  A Certificate of Appreciation for the period 26 January 1971 through 11 July 1973.

   i.  An SF 93, dated 25 May 1973, which shows he underwent a medical examination for the purpose of separation.

   j.  A DD Form 214 which shows he was released from active duty on 11 July 1973.  The DD Form 214 lists in:

		(1)  Item 22c (Foreign Service and/or Sea Service) - the entry "None"
		(2)  Item 24 - the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Pistol Bar
		(3)  Item 30 (Remarks) – the entries:  "Vietnam Service: No, Indochina: No, and Korea: No"

   k.  An Honorable Discharge Certificate for the U.S. Army Reserve, dated 25 January 1977.

   l.  two photographs alleged to be of him

   m.  A letter, dated 23 February 1987, wherein he was provided a copy of his DD Form 214.
5.  His record is void of any assignment orders or his actual date of assignment to Company E, 1st Battalion, 7th Cavalry, APO SF 96490.

6.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

   a.  Item 22c would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USAREUR (U.S. Army Europe)."

   b.  Item 24 would list all awards taken from the DA Form 20

   c.  Item 30 would indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment of an organization in Vietnam only show "yes" for Indochina, the inclusive dates of service in Vietnam, and indicate "no" for Korea.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The regulation 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.

	b.  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.  With respect to correction of item 22c of the applicant's DD Form 214 ending on 11 July 1973; there is no documentary or other evidence in his service personnel record and he did not provide sufficient evidence to indicate or show that he served in Vietnam on a TDY or another basis or any other foreign service during his period of active duty between January 1971 to July 1973.  Therefore, he is not entitled to correction of item 22c of his 1973 DD Form 214 to show any credit for foreign service.

2.  With respect to correction of item 30 of his 1973 DD Form 214 to show he served in Vietnam, there is insufficient evidence of his service in Vietnam during his period of active duty.  

3.  The evidence failed to show his entitlement to the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).

4.  In view of the foregoing, his 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)                                         AR20130016901





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ABCMR Record of Proceedings (cont)                                         AR20130016901



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