IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004267 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 reflect his service in Vietnam. 2. The applicant states he performed temporary duty in Vietnam aboard the U.S.S. Comet, U.S.N.S. Sealift, and S.S. Transglobe every month in 1969 and 1970 and his DD Form 214 does not reflect this. In attempting to obtain benefits, he was advised that he did not qualify due to no record of service in Vietnam. 3. The applicant provides a letter from the National Personnel Records Center, dated 4 March 2015. 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 April 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he served with the 26th Transportation Battalion and the 2d Logistical Command, U.S. Army Pacific (USARPAC), in Okinawa from 14 November 1968 through 21 April 1970. 4. There is no evidence of record and the applicant has not provided any showing he was ever assigned or attached to a unit or served aboard a military vessel in the Republic of Vietnam. 5. He was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training) on 21 April 1970. He completed 1 year, 11 months, and 23 days of total active service during this period. 6. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 5 months, and 6 days of foreign and/or sea service under the command of USARPAC. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Vietnam Service Medal as an authorize award and item 30 (Remarks) does not show any Vietnam service. 7. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. It 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 or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. Contiguous areas are defined as areas which include Vietnam and the water adjacent thereto within the following specified limits: from a point on the east coast of Vietnam at the juncture of Vietnam with China southeastward to 21 degrees, 108 degrees,15 minutes longitude; then southeastward to 18 degrees, north latitude, 108 degrees, 15 minutes east longitude; then southeastward to 17 degrees, 30 minutes north latitude, 111 degrees east longitude; then southward to 11 degrees east longitude; then westward to 7 degrees north latitude, 103 degrees east longitude; then northward to 9 degrees, 30 minutes north latitude, 103 degrees east longitude; then northeastward to 10 degrees, 15 minutes north latitude, 104 degrees, 27 minutes east longitude; then northward to a point on the west coast of Vietnam at the juncture of Vietnam with Cambodia. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. The instructions stated to enter the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed in item 22c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request for correction of his DD Form 214 to reflect his service in Vietnam was carefully considered. 2. The evidence of record shows the applicant served in Okinawa from November 1968 through April 1970 with an organization that may have participated in or directly supported military operations in Vietnam. However there is no evidence of record and the applicant has not provided any showing he ever actually served in Vietnam. 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 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) AR20150004267 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004267 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1