IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130021715
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 award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
2. The applicant states he served in Korea on the demilitarized zone (DMZ) and was exposed to Agent Orange. He wants to receive Department of Veterans Affairs (VA) service-connection benefits.
3. The applicant provides copies of his DD Form 214 and page 2 of his DA Form 20 (Enlisted Qualification Record).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted on 26 June 1968. He held military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 shows in:
a. item 31 (Foreign Service) that he served in Korea from 16 December 1968 through 26 January 1970;
b. item 38 (Record of Assignments) he was assigned to Company C, 2nd Battalion, 31st infantry, 7th Infantry Division, U.S. Army Pacific (USARPAC) from 6 January 1969 through 29 January 1970; and
c. item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea) and the Army Good Conduct Medal (1st Award).
4. There is no record he served in Vietnam.
5. His DD Form 214 shows in item 24c (Foreign and/or Sea Service) the entry "USARPAC - 1 1 14," indicating he completed 1 year, 1 month, and 14 day of foreign service during this period of service.
6. His service medical records are not available.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including 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. This regulation did not provide for entry of temporary duty assignments on the DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) states the:
a. 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. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.
b. 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:
* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence showing the applicant served in Vietnam or is otherwise eligible for either the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).
2. There is no available evidence showing the applicant was exposed to Agent Orange during his active duty service.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100021247
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ABCMR Record of Proceedings (cont) AR20130021715
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