MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 June 2000                  
	DOCKET NUMBER:   AR1999032927

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. John H. Kern 		Member	
	Ms. Barbara J. Ellis 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That item 30 (Remarks) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show that he served in Vietnam.  He also requests, in effect, correction of his military records to show any awards or decorations to which he may be entitled for his service in Vietnam.  

APPLICANT STATES:  That the entry “RVN:  NO” in item 30 (Remarks) on his DD Form 214 should show “YES” because he served in the territorial waters of the Republic of South Vietnam in July 1972 at Cam Rahn Bay and Saigon.  He contends that with this correction on his DD Form 214, he will be eligible for medals he earned by being in a war zone and will be eligible for membership in veteran groups requiring wartime service for entry.  In support of his application, he submits a cover letter from the Pierce County Wisconsin Department of Veterans Services, photographs depicting a ship and three harbor views and a copy of his DD Form 214.      

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 13 May 1971, served as a water craft operator in Okinawa was honorably discharged on 10 May 1973.

Item 30 (Remarks) of the applicant’s DD Form 214 shows the entry “RVN:  NO”.  The DD Form 214 shows the National Defense Service Medal, the Good Conduct Medal and the Sharpshooter Qualification Badge with Rifle Bar as authorized awards. 

There is no evidence in the applicant’s personnel records which shows that he served in Vietnam.  Item 31 (Foreign Service) on the applicant’s DA Form 
20 (Enlisted Qualification Record) shows that he served in “USARPAC OKINAWA” [United States Army Pacific Okinawa] from 15 April 1972 through 
10 May 1973.  

The regulation in effect at the time required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Item 30 (Remarks) on the applicant’s DD Form 214 shows that he did not serve in Vietnam.

2.  The Board noted the applicant’s contention that he served in the territorial waters of the Republic of South Vietnam in July 1972 at Cam Rahn Bay and Saigon.  However, evidence of record shows the applicant served on Okinawa from 15 April 1972 through 10 May 1973, not in Vietnam.  

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he served in Vietnam.  Therefore, the entry “RVN:  NO” in item 30 (Remarks) is correct as currently constituted and the applicant is not entitled to any awards or decorations for Vietnam service.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

EB_____  JHK_____  BJE_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999032927	
SUFFIX		
RECON		
DATE BOARDED	20000613	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19750510	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation of overseas returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0073	
3.		
4.		
5.		
6.