IN THE CASE OF:  	  

		BOARD DATE:  22 September 2015	  

		DOCKET NUMBER:  AR20150002252 


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 Campaign Medal with Device (1960).

2.  The applicant states: 

	a.  In July 1969, at Camp Carroll Depot, Korea, he received the ribbons for the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) from the Post Commander but his records were never updated to show these awards.

	b.  Upon being held at a "holding company" in Korea, approximately 30 to 40 of them were flown to Clark Air Field, Philippines, and from there to Pleiku, Vietnam, to support the 87th Engineer Group that was attached to the 199th Infantry.  The group was then sent in different directions upon their arrival while he stayed at the tent area at the end of the runway in Pleiku.  At this time, he was promoted from the rank/grade of specialist five (SP5)/E-5 to sergeant (SGT)/E-5.  

	c.  In the interim, he flew to Phnom Penh and landing zone (LZ) Brown to supply ammunition and equipment to the Soldiers there.  This happened three times.  Upon his arrival in Pleiku, he gave his records to the company clerk and did not see them again until he left in June 1969 to return to Korea.  In Korea, he was assigned as the Noncommissioned Officer in Charge (NCOIC) of Special Services, Camp Carroll Depot, until his release on 31 December 1969.  On 1 January 1970, he returned to Fort Lewis, WA, to be discharged.  

	d.  While at Fort Lewis, he discovered the clerk in Pleiku did not insert his orders into his folder and the clerk at Camp Carroll never updated his records to show award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).  He wonders if the military changing from service numbers (SN) to social security numbers (SSN) in 1969 might have something to do with it.  He does not remember what his SN was before the change.  The staff at Fort Lewis said they could update his records but it would have to wait a day or two as it was New Year’s Day.  He elected not to stay feeling the paperwork wasn’t that important as he had the ribbons in his possession.  In addition, he really wanted to get home to his wife and his new daughter who was born while he was overseas.

	e.  He never gave the errors on his DD Form 214 another thought until October 2014 when he applied for his Department of Veterans Affairs (VA) medical card and was denied because of family income.  He met with the VA representative and it was explained that if he would get his DD Form 214 corrected to show the medals his priority would change.  He never had any reason to think this error was important until then.  He had several VA home loans over the past 40 years and had no idea these omissions had any value on receiving VA medical benefits.  He is hoping his orders can be found and his DD Form 214 corrected.

3.  The applicant provides 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.  The applicant's complete military records are not available to the Board for review.  However, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s DD Form 214 shows he was inducted into the Army of the United States on 24 January 1968 and he held military occupational specialty 03C (Physical Activities Specialist).  He was promoted to the rank/grade of SP5/E-5 on 24 April 1969.

4.  His DD Form 214 contains both his SN and his SSN and shows his last unit of assignment was with Headquarters Company, U.S. Army Camp Carroll Depot, Korea.

5.  He was honorably released from active duty on 1 January 1970 in the rank of SP5 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 9 days of creditable active service of which 7 months and 3 days was overseas service in the U.S. Army – Pacific.

6.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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.

   b.  The 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:

1.  The applicant’s DD 214 shows his last unit of assignment was at Camp Carroll Depot, Korea.  There are no entries on his DD Form 214 that show he served in Vietnam during his active duty service.  Notwithstanding his sincerity, in the absence of conclusive evidence that shows he served in Vietnam during a qualifying period for award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960), there is an insufficient evidentiary basis for granting the requested relief.  

2.  The ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The ABCMR will decide cases on the evidence of record.  It is not an investigative body.

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)                                         AR20150002252



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150002252



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1