IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150009713 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____X___ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150009713 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 awarding him the Good Conduct Medal (First Award) for exemplary service for the period 19 May 1966 through 16 May 1969 and amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: a. Adding to item 24 the Good Conduct Medal (First Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar. b. Adding to item 30 the phrase "Service in Indochina: Yes, Vietnam Service from 2 July 1967 through 4 February 1968." c. Removing from his Official Military Personnel File Letter Orders Number T-7-1018, dated 11 July 1967, pertaining to another Soldier. 2. The Board further determined 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 amending any of the medical documents contained in his medical record, adding any documents to his medical record, correcting any pay allotment records, and/or listing the names of the ships that transported him from Vietnam. _____________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. IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150009713 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: a. Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam and that he is authorized the Vietnam Service Medal. b. Correction of his records to show he paid an allotment to his mother each month in the amount of $25.00 instead of $2.00 and the names of the ships that transported him to Vietnam. c. Correction of his medical record to show that he did not have all of the cases of sexually transmitted diseases (STDs) contained therein; that he was treated for nervousness and anxiety at Fort Meade, Maryland in 1968, when he returned from overseas; and that he was never admitted to any military hospital. d. Removal from his Official Military Personnel File (OMPF) of any records pertaining to another Soldier and any reference to him being Caucasian. 2. The applicant states: a. He disagrees with much of the information in his OMPF and the medical records he received from the National Archives. b. His home base was Okinawa and he was an auto repairman and truck driver c. His duties included reporting numerous times for temporary duty (TDY) from Okinawa to sea ports in Vietnam on civilian ships or by air planes, and he loaded and unloaded damaged equipment to take back to Okinawa for over 1 year. d. His record does not show the correct amount of pay/allotment that was sent to his mother each month or the names of the ships that transported him from Vietnam. e. He did not have all the cases of STDs in Okinawa that are listed in his records and his records do not show that he was treated for nervousness and anxiety at Fort Meade, MD, in 1968. f. Some of his records have him listed as Caucasian. 3. The applicant provides: * VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 29 May 2015 (two copies) * Army Review Boards Agency (ARBA) Letter, dated 20 May 2016 * Veterans Service Agency Letter, dated 13 June 2016 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. With 6 days of prior active service in the Army of the United States, the applicant enlisted in the Regular Army on 19 May 1966, in pay grade E-1. He completed training as an automobile repairman. 3. On 27 June 1966, Special Orders Number 150 were published awarding the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar. 4. He arrived in Okinawa on 15 November 1966 and he was assigned to the United States Army Transportation Maintenance Logistics (TML) Company. He was assigned to the 229th Transportation Company on 6 March 1967. He was assigned to the 404th Transportation Detachment on 27 March 1967. 5. On 12 July 1967, Letter Orders Number T7-1026 were published placing the applicant on TDY to Saigon, Cam Ranh Bay, and Qui Nhon, Republic of Vietnam, for 90 days from 2 July to 2 October 1967. 6. On 3 October 1967, Letter Orders Number T10-1601 were published placing him on TDY to Saigon, Cam Ranh Bay and Qui Nhon, Republic of Vietnam, for 60 days from 5 October to 5 December 1967. 7. On 17 November 1967, Letter Orders Number T11-1873 were published placing him on TDY to Saigon, Cam Ranh Bay, and Qui Nhon, Republic of Vietnam, for 60 days from 4 December 1967 to 4 February 1968. 8. The applicant left Okinawa to return to the United States on 5 May 1968. He was assigned to the 508th Heavy Equipment Maintenance (HEM) Company, Fort George G. Meade, MD, on 19 June 1968. 9. On 16 May 1969, the applicant was released from active duty at the expiration of his term of service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows he was awarded the National Defense Service Medal. Item 30 (Remarks) does not show his service in Vietnam. 10. A review of the available records fails to reveal copies of his leave and earning statements for the periods covering his Army service. His OMPF does contain a copy of Letter Orders Number T-7-1018, dated 11 July 1967, pertaining to another Soldier and two copies of DA Form 8-275-3 (Clinical Record Cover Sheet), dated 17 March 1967 and 27 September 1967, which shows he was treated at U.S. Army Hospital, Ryukyu Islands, for diagnoses of urethritis, acute due to gonococci. His OMPF contains another DA Form 8-275-3, dated 6 January 1968, listing his race as Caucasian and showing he was admitted to the 17th Field Hospital with a diagnosis of urethritis, acute, gonococci. It shows the duration of his days in the facility as "0." 11. The applicant's Army medical record does contain a number of additional diagnoses, tests and treatments he received for gonorrhea and syphilis while he was in the Army. 12. In a letter dated 20 May 2016, the ARBA Director, Case Management Division notified the applicant that in order for the ABMCR to consider his application, he must provide a copy of the medical documents that support his mental health issues of nervousness and anxiety. He was told if he did not have a copy of these documents, he should contact the doctor that diagnosed him or his VA Regional Office for assistance. He was told his case was being placed on hold for a period of 60 days for him to provide copies of VA or any other medical documents that supports his mental health issues of nervousness and anxiety. He was told if he was not able to obtain the medical documents he could request that his case be withdrawn and once he obtained the documents, he could reapply to the ABCMR and a new case would be opened. 13. In response to the Director, ARBA Case Management Division's letter, the Erie Country Veterans Service Agency states that the nervousness and anxiety was first treated at Fort Meade, Maryland, in June 1968 (approximately), a U.S. Army installation and then the applicant was transferred to Fort Carson, Colorado, where he does not remember if he continued to receive treatment. The Veterans Service Officer (VSO) states that because they are military records, the U.S. Department of the Army should be able to retrieve them because the medical conditions were treated by base doctors and should be in his medical records. The VSO states that the information is not in his medical record and that is why they are asking that his records be corrected. The VSO states the applicant also suffered from pneumonia in basic training at Fort Benning, Georgia, in May 1966 and he was treated on base at the clinic/dispensary. He states he would like this information returned to the applicant's records. 14. The applicant's medical records do not show that he was treated for nervousness and anxiety at Fort Meade, Maryland, in 1968. Further review of his medical records fails to reveal any evidence showing that he was treated for pneumonia in May 1966, while he was in basic training. 15. The applicant's conduct and efficiency ratings were excellent while he was in the Army. There is no evidence in his record of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal. REFERENCES: 1. 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, except that the time limit may be waived for personnel participating in actual combat operations. b. The Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960). This medal 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 2. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 3. Army Regulation 635-5 (Personnel Separation/Separation Documents) governed the preparation of the DD Form 214. The regulation in effect at the time provided that 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 in which the service was performed would be entered in item 22c (Foreign and/or Sea Service). This regulation also 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. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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. 5. By regulation, the Board considers a case based on the evidence of record and independent evidence it is provided. The Board is not an investigative body and the burden of proving an error or injustice rests with the applicant. DISCUSSION: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. The available records show that he is authorized the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar. He is also authorized the Good Conduct Medal (First Award) and the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not show these awards or his dates of service in Vietnam. 3. His OMPF does contain a copy of Letter Orders Number T-7-1018, dated 11 July 1967, pertaining to another Soldier. This document may be removed from his OMPF and forwarded to the records custodian for proper filing. 4. The applicant's OMPF does contain a DA Form 8-275-3, dated 6 January 1968, which shows his race as Caucasian. However, that form is no longer in use by the Department of the Army; therefore, it cannot be corrected. 5. The available records fail to reveal copies and he did not provide copies, of his leave and earnings statements for the periods covering his Army service. As such and due to the passage of time, it is impossible to determine if there is an error in the monetary amount of the allotment that he contends he sent to his mother. 6. There are no provisions for correcting the applicant's OMPF to show the names of the ships that transported him to and from Vietnam. His TDY orders show his dates of service in Vietnam and they are properly filed in his OMPF. 7. With regards to the applicant's request for correction of his medical records, entries on medical documents are considered to be the professional opinions and diagnoses of competent, qualified medical personnel made at the time of the individual’s examination. In accordance with the applicable regulation, 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. He has not provided any evidence showing the information contained in his Army medical records is incorrect or that any of his Army medical documents were omitted from his medical record. 8. By regulation, the Board considers a case based on the evidence of record and independent evidence if is provided. The Board is not an investigative body and the burden of proving an error or injustice rests with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009713 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009713 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2