BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140007322 


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 Vietnam service and the Vietnam Service Medal. 

2.  The applicant states the correction is needed for treatment by the Department of Veterans Affairs. 

3.  The applicant provides:

* DD Form 214, ending on 12 May 1973
* Certificate of Appreciation issued by the U.S. Military Assistance Command - Vietnam (MACV)
* Two foreign documents (in Vietnamese)

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's records show he was inducted into the Army of the United States on 18 May 1971.  He was trained in and held military occupational specialty 43E (Parachute Rigger).  He also completed the Basic Airborne Course at Fort Benning, GA from September to October 1971. 

3.  He served at Fort Buckner, Okinawa, U.S. Army Pacific (USARPAC), from on or about 3 April 1972 to on or about 11 May 1973.  He was assigned to  

* Headquarters and Headquarters Company, Support Troops, from 6 April 1972 to 10 May 1972
* 549th Quartermaster Company, from 11 May 1972 to 11 May 1973

4.  He was honorably released from active duty on 12 May 1973.  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service), 1 year, 1 month, and 9 days of foreign service in USARPAC
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized), the National Defense Service Medal, Parachutist Badge, Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 30 (Remarks), administrative data related to his civilian education, blood group, and the entry "Republic of Vietnam: N/A; Indochina: No; Korea: No" 

5.  He provides two foreign documents that appear to be in Vietnamese but without translation.  He also provides a Certificate of Appreciation, issued by MACV on 15 September 1972, recognizing his efforts in support of sustained combat aerial resupply operations to besieged areas in the Republic of Vietnam from 24 April to 16 July 1972.  His performance was instrumental in aiding the unit in rigging over 9,000 tons of emergency supplies which assisted in lifting the siege at An Loc, Kontum, Minh Thanii, and other isolated locations. 

6.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contained the following guidance for preparation of the DD Form 214:

* item 22c showed the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "USARPAC"
* item 24 showed a member's awards and decorations
* item 30 was used for mandatory requirements, when a separate block was not available, and as a continuation entry

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 also states the 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.  Direct support is defined as services being supplied to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

DISCUSSION AND CONCLUSIONS:

1.  With respect to listing his service in Vietnam, there is insufficient evidence to do so.  The applicant served at Fort Buckner, Okinawa, USARPAC, from on or about 3 April 1972 to on or about 11 May 1973.  His DD Form 214 correctly captured his foreign service and the major overseas theater/command in item 24c of this form.  Item 30 correctly shows the entry "Vietnam: NA, Indochina: No, and Korea: No" because he did not serve in Vietnam.  He does not provide evidence showing he entered Vietnam.

2.  With respect to the Vietnam Service Medal, members in Thailand, Laos, or Cambodia during the period of eligibility for the Vietnam Service Medal and serving in direct support of operations in Vietnam are eligible for this award.  Direct support is defined as services being supplied to participating forces in the area of eligibility.  Although he supported the war effort as confirmed by the certificate of appreciation he provides, he did so from Okinawa; not from Thailand, Laos, or Cambodia.  As such, he does not meet the criteria for this award. 

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)                                         AR20140007322





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ABCMR Record of Proceedings (cont)                                         AR20140007322



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