BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150008775 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, in effect, the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased brother, a former service member (FSM), to show his foreign service in Vietnam. 2. The applicant states: * he is the identical twin brother and next of kin of the FSM * his brother's premature death was due in large part to Agent Orange exposure in Vietnam * at the time of his death, the Government had no program in place for redress of this egregious act nor any way to compensate him or his family * although the family has a documented history of cardiovascular and renal problems, no one has died prematurely as his twin brother * he attributes his brother's death, in large part, to his tour in Vietnam and his death should have been investigated as a coroner's case * he wants this Board to investigate this matter thoroughly and render a positive ruling 3. The applicant provides: * FSM's DD Form 214 * FSM's death certificate * Response to a request for release of health information * Birth certificates 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 FSM's records show he was inducted into the Army of the United States and entered active duty in Los Angeles, CA, on 2 May 1967. However, he was honorably discharged on 8 May 1967 for the purpose of enlistment in the Regular Army (RA). He was issued a DD Form 214 that captured his active service. 3. He enlisted in the RA on 9 May 1967 for a period of 3 years. He successfully completed required training for award of military occupational specialty 81B (Food Inspection Specialist). 4. Special Orders (SO) Number 102, issued by Headquarters, 3rd Brigade, U.S. Army Training Center, Fort Ord, CA on 16 June 1967 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Following completion of training, he served in Vietnam, U.S. Army Pacific (USARPAC), from on or about 31 January 1969 to on or about 30 January 1970. He was assigned to: * Company C, 1st Medical Battalion, 1st Infantry Division, from 13 February to 6 March 1969 * 4th Medical Detachment from 7 March 1970 to 26 January 1970 6. General Orders (GO) Number 1110, issued by Headquarters, 44th Medical Brigade, in October 1969 awarded the FSM the Purple Heart for wounds received in action on 23 October 1969. 7. He was honorably released from active duty in the rank/grade of specialist four on 31 January 1970. He completed 2 years, 8 months, and 22 days of net active service this period with no lost time. His DD Form 214 shows in: * Item 22c (Foreign and/or Sea Service) - 1 year but without listing the major overseas command (USARPAC) * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Purple Heart, and Good Conduct Medal * Item 30 (Remarks) does not show he served in Vietnam 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated: * item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR, USRV, USARPAC * item 24 shows all awards and decorations * item 30 shows mandatory entries or entries that are too long for their respective block 9. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. This regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for: * Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969) * Tet 69/Counteroffensive (23 February to 8 June 1969) * Vietnam Summer - Fall 1969 (9 June to 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970) 10. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: * Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 11. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. 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. 12. The Department of Veterans Affairs (VA) is responsible for providing vital services to America’s veterans. VA provides health care services, benefits programs and access to national cemeteries to former military personnel and their dependants. The department carries out its duties through three main administrative divisions: Veterans Benefits Administration, Veterans Health Administration; and National Cemetery Administration. DISCUSSION AND CONCLUSIONS: 1. With respect to his foreign service: a. The FSM served in Vietnam, USARPAC, from 31 January 1969 to 30 January 1970, a period of 1 year. His total foreign service is correctly listed in item 22c of his DD Form 214, albeit without the major overseas command he last served in (USARPAC). b. At the time of his service, the regulation governing the preparation of the DD Form 214 did not require an entry for Vietnam service. Subsequent versions of the regulation did. There is no harm to the Army or the FSM if his Vietnam service is listed in the Remarks block of his DD Form 214. 2. Based on his service/foreign service, he qualifies for some additional awards: a. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not listed on his DD Form 214. b. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to that unit. This foreign unit award is not listed on his DD Form 214. c. The FSM participated in four campaigns during his service in Vietnam. Therefore, he is entitled to four bronze service stars be added to his already awarded Vietnam Service Medal. 3. With respect to Agent Orange, veterans who were exposed to Agent Orange or other herbicides during military service may be eligible for a variety of VA benefits, including disability compensation for diseases associated with exposure. However, the applicant appears to confuse the functions of this Board with those of the VA. This Board corrects military records. The VA determines potential compensation for veterans who claim exposure to Agent Orange. As this issue is not within the purview of this Board, the applicant is advised to visit the VA website (www.va.gov) or consult with the closest VA regional office. 4. Investigating the FSM's death is not within the purview of this Board. . BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X______ ____X____ ___X__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to item 22c the entry "USARPAC" * deleting from item 24 the Vietnam Service Medal * adding to item 24 the, Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation * adding to item 30 ?Service in Vietnam 31 January 1969 to 30 January 1970? 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to establishing exposure to Agent Orange or investigating the FSM's death. __________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) AR20150008775 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008775 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1