IN THE CASE OF: BOARD DATE: 22 February 2012 DOCKET NUMBER: AR20110017257 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 needs the correction in order to receive medical benefits. 3. The applicant provides a DD Form 214 and a Certificate of Achievement. 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 enlisted in the Regular Army on 27 August 1962 and upon completion of initial entry training he was awarded military occupational specialty 72B (Communications Center Specialist). 3. Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 3 March 1963 to 12 April 1964. Item 29 also shows service in Thailand. 4. He was honorably released from active duty on 16 August 1965. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year and 8 months of foreign and/or sea service. It also shows the entry "USARPAC" [U.S. Army Pacific Command]. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Armed Forces Expeditionary Medal (AFEM). 5. He provided a Certificate of Achievement which he was awarded for service in Vietnam during the period 3 March 1963 to 4 April 1964. 6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents. The regulation in effect at the time of the applicant's separation specified that item 24c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USARPAC). 7. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual. No person will be entitled to both awards for Vietnam service. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show his service in Vietnam has been carefully reviewed. 2. The evidence of record clearly shows he served in Vietnam. Item 24c of his DD Form 214 correctly shows his total foreign and/or sea service and the last overseas theater where the service was performed, USARPAC. The regulation in effect at the time of his separation did not provide for the country where the overseas service was performed to be identified on the DD Form 214. Therefore, this section of his DD Form 214 is correct as currently constituted. 3. Based on the foregoing, there is no basis to grant the requested relief. 4. The applicant is advised that based on award of the AFEM, he may apply to this Board for award of the Vietnam Service Medal in lieu of the AFEM. This action would also serve to reflect his service in Vietnam on 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) AR20110017257 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017257 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1