IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130022242
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 (RVN) Campaign Medal.
2. The applicant states these medals are not shown on his DD Form 214. He also states, in effect, that he has been diagnosed with having Type II Diabetes and needs to file a claim due to Agent Orange exposure.
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. On 25 April 1967, the applicant was inducted into the Army of the United States. He completed his initial training as a chemical equipment repairman.
3. On 12 June 1968, the applicant departed Fort George G. Meade, MD, for duty in the Federal Republic of Germany (FRG).
a. On 11 August 1968, he was assigned for duty as a chemical equipment repairman with the 881st Light Equipment Maintenance Company.
b. On 26 March 1969, he was reassigned within his company for duty as a senior chemical equipment repairman.
c. On 29 June 1969, he departed the FRG and returned to the United States.
4. On 30 June 1969, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year,
11 months and 12 days of creditable active duty.
5. The applicant's DD Form 214 lists his awards as:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. Army Regulation 600-8-22 (Military Awards):
a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN 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 RVN Campaign Medal with 1960 Device was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in the RVN for 6 months or more. Qualifying service outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the Vietnam Service Medal and the RVN Campaign Medal.
2. The available evidence of record shows the applicant's only overseas service was in the FRG. There is no indication that he served in the RVN at any time during his period of active duty.
3. Authorization to received either the Vietnam Service Medal or the RVN Campaign Medal requires actual duty in the RVN. Records do not show the applicant performed any service in the RVN. Furthermore, there is no supporting evidence showing that he provided any direct combat support to the RVN. Therefore, his service does not qualify him for either of these medals.
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) AR20130022242
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ABCMR Record of Proceedings (cont) AR20130022242
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