IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140019439
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, through his Member of Congress, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in the Republic of Vietnam and any service ribbons or awards to which he may be entitled.
2. The applicant states his record does not show his 1972 deployment from Fort Monmouth, New Jersey to the Republic of Vietnam. Additionally, his record does not show unspecified ribbons or medals.
3. The applicant provides:
* a letter from the National Personnel Records Center (NPRC), St. Louis, Missouri, dated 24 October 2014
* Consent for Release of Personal Records by Executive Agencies, from the office of his Member of Congress, dated 15 October 2014
* Standard Form (SF) 180 (Request Pertaining to Military Records), dated 15 October 2014
* an inquiry status from a staff member from the office of his Member of Congress, dated 17 October 2014
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 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 enlisted in the Regular Army on 2 September 1971. He completed his initial entry training and was awarded military occupational specialty (MOS) 26L (Tactical Microwave System Repairman).
3. He was honorably released from active duty on 1 September 1974, after completing 3 years of active service, and transferred to the U.S. Army Reserve. His DD Form 214 does not show he completed any foreign service.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
5. His record is void of any documentation that shows he deployed to, or served in, the Republic of Vietnam.
6. His record is void of any orders or other documentation that shows he was awarded any other awards, ribbons, or medals besides those already recorded on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his foreign service in the Republic of Vietnam, and any service ribbons or awards to which he may be entitled, was carefully considered.
2. The evidence of record shows he served in the Regular Army from 3 years from 2 September 1971 through 1 September 1974. His record is void of orders or other documentation that shows he served in the Republic of Vietnam. Therefore, there is not a sufficient basis to correct his DD Form 214 to show foreign service in Vietnam.
3. His record is void of any orders or other documentation that shows he was awarded any other awards, ribbons, or medals besides those already recorded on his DD Form 214. Therefore, there is not a sufficient basis to correct his DD Form 214 to show any other awards or decorations.
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) AR20100017975
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