IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140009419
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 a campaign medal and ribbons for Vietnam service, including citations for Military Assistance Command Vietnam (MACV) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a discharge date of 17 August 1965.
2. The applicant states his DD Form 214 does not directly indicate his foreign service as "boots on the ground" in total or part for Vietnam. As a result of this error, he has been denied compensation benefits since 2006. He now has leukemia which his physician has stated is most likely due to chemical and Agent Orange exposure. He wants his DD Form 214 corrected to include his actual time with Headquarters and Headquarters Company (HHC), 173rd Airborne Brigade - Separate, so it will reflect MACV service in Vietnam as an advisor.
3. The applicant provides his DD Form 214 with an effective date of 17 August 1965.
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 16 November 1962, he enlisted in the Regular Army for 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 724.17 (Switchboard Operator).
3. He arrived on Okinawa on 1 June 1963. His duty MOS was 310.17 (Field Communications Crewman) while he was assigned to:
* HHC, 2nd Battalion, 503rd Infantry from 1 June to 24 June 1963
* HHC, 173rd Airborne Brigade (Separate) from 25 June 1963 to
21 October 1964
* Company A (Admin), 173rd Support Battalion from 22 October to
4 November 1964
4. On 5 November 1964, he departed Okinawa. On 28 December 1964, he was assigned to Headquarters Battery, XVIII Airborne Corps Artillery at Fort Bragg, NC until his release from active duty.
5. Research on the internet showed the 173rd Airborne Brigade deployed to South Vietnam on 3 May 1965.
6. On 17 August 1965, he was honorably released from active duty. He completed 2 years, 9 months, and 2 days of total active service. His DD Form 214 does not show any campaign awards for service in Vietnam.
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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. His military personnel records show he was assigned on Okinawa with duty MOS 310.17 from 1 June 1963 to 5 November 1964. There is no evidence the applicant served in Vietnam. There is no evidence he was assigned to MACV as an advisor.
2. Assignment to specific commands is not shown on the DD Form 214. His record shows he was assigned to HHC, 173rd Airborne Brigade (Separate) from 25 June 1963 to 21 October 1964.
3. The available information shows the 173rd Airborne Brigade deployed from Okinawa to South Vietnam on 3 May 1965, 5 months after the applicant departed Okinawa for assignment to Fort Bragg, NC.
4. In view of the above, there is insufficient evidence to add awards for Vietnam service to his DD Form 214.
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) AR20140009419
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ABCMR Record of Proceedings (cont) AR20140009419
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