BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140005070
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:
* his foreign service in Vietnam
* award of the Vietnam Service Medal and the Vietnam Campaign Medal
2. The applicant states his tour of duty in Vietnam is not shown on his DD Form 214 nor is the Vietnam Service Medal or the Vietnam Campaign Medal shown. From October to November 1966 and January to February 1967, he served in several operations and locations in Vietnam.
3. The applicant provides no additional evidence.
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 was inducted into the Army of the United States on 29 July 1965. On 9 August 1965, he was assigned for basic combat training (BCT) to the 10th Battalion, 5th Brigade, Fort Knox, KY.
3. He completed BCT and on 15 October 1965, he was assigned for advanced individual training (AIT) to the 2nd Training Brigade, Fort Bliss, TX. Upon his successful completion of AIT, he was awarded military occupational specialty (MOS) 71Q (Information Specialist).
4. On 17 October 1966, he was assigned to the 518th Military Police Battalion, Fort Hood, TX. He was subsequently awarded MOS 05C (Radio Teletype Operator).
5. He was honorably released from active duty on 28 July 1967 and he was transferred to the U.S. Army Reserve. He completed 2 years of creditable active service.
6. His record is void of orders or any evidence that shows he was ever assigned to Vietnam or served in Vietnam while on temporary duty.
7. 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas.
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.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not show and the applicant has not provided any evidence that shows he ever served in Vietnam and had qualifying service for entitlement to award of the Vietnam Service Medal or the Vietnam Campaign Medal. There is no evidence that shows his DD Form 214 was improperly completed. Therefore, he is not entitled to the requested relief.
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) AR20140005070
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ABCMR Record of Proceedings (cont) AR20140005070
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