IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150012780 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150012780 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. IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150012780 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 show his Vietnam service and the campaign medals he is authorized. 2. The applicant states, in effect, he served in the Demilitarized Zone (DMZ) while stationed in Korea from April 1968 to June 1969. 3. The applicant provides his DD Form 214 for the period ending 6 June 1969. 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 17 October 1967. Following completion of initial entry training in March 1968, he was assigned to a unit within the 2nd Infantry Division in Korea on or about 11 March 1968. 3. He departed Korea for Fort Lewis, WA on or about 5 June 1969. He served in Korea for 1 year and 3 months. 4. He was honorably released from active duty on 6 June 1969. His DD Form 214 shows he completed 1 year, 7 months, and 20 days of net active creditable service with 1 year and 3 months of overseas service, listed as being within the U.S. Army Pacific Command. He was awarded or authorized: * National Defense Service Medal * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes policies and procedures of military awards. 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 in Vietnam. 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 Republic of Vietnam Campaign Medal with Device (1960) 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. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant requests the correction of his DD Form 214 for the period ending 6 June 1969 to show Vietnam service and campaign medals. A review of his available service record, however, failed to show he served in Vietnam. His records clearly show he spent his entire term of active service either in the continental United States or in Korea. 2. To permit a correction showing Vietnam service, and to be awarded the associated awards and decorations, requires either being physically in Vietnam performing military service, or assigned to a unit that provided direct support for military operations in Vietnam. a. The applicant offers no evidence he was in Vietnam, nor that he was assigned to a unit that provided direct support for military or combat operations. b. The Board is not an investigative body and presumes what is reflected in military records is correct unless evidence is presented which would overcome that presumption. 3. Based on the foregoing, there does not appear to be sufficient evidence to support granting the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012780 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012780 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2