IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150014064 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: 3 November 2016 DOCKET NUMBER: AR20150014064 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: 3 November 2016 DOCKET NUMBER: AR20150014064 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 * the Purple Heart, Vietnam Service Medal, and Vietnam Campaign Medal 2. The applicant states his DD Form 214 does not reflect that he served in Vietnam and the awards listed above are not shown on his DD Form 214. He is trying to prove that he was in Vietnam, was wounded in Vietnam, and was at the Walter Reed Army Medical Center, Washington, DC, from November 1966 to April 1967. 3. The applicant provides no additional evidence. 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 31 October 1963. He completed basic training and advanced individual training at Fort Dix, NJ, and was awarded military occupational specialty 71H (Personnel Specialist). 3. On 26 March 1964, he arrived in France and on 29 March 1964 he was assigned to Headquarters Company, U.S. Army General Depot Command Verdun (USAGDCV), U.S. Army Europe (USAREUR). The Verdun Army Depot was located in France about 3 miles northeast of the town of Verdun, France. On 21 April 1966, he departed France enroute to the U.S. 4. On 11 May 1966, he was assigned to Headquarters and Headquarters Company, 197th Infantry Brigade, Fort Benning, GA. 5. He was honorably released from active duty on 28 October 1966 and he was transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 28 days of net active service. 6. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows in item 24c (Foreign and/or Sea Service) that he had 2 years and 26 days of foreign service in USAREUR. 7. His DD Form 214 also shows the: * National Defense Service Medal * Army Good Conduct Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 8. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows from 26 March 1964 to 21 April 1966 he served in USAREUR-France (FR). Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not show the Purple Heart. 9. His record is void of orders or any evidence that shows he was ever assigned to Vietnam or served in Vietnam while on temporary duty. There are no orders in his record showing he was awarded the Purple Heart. There is no medical evidence in his available record that shows he was ever wounded or injured as a result of hostile action. His record is void of any evidence that shows he served in the Army after his discharge on 28 October 1966. REFERENCES: 1. Army Regulation (AR) 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. b. The Vietnam Campaign Medal was awarded by the Government of Vietnam to all members of the Armed Forces of the U.S. 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. Also eligible for this award are individuals who served for less than 6 months in Vietnam but were wounded as a result of hostile action. c. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official records. 2. AR 635-5 (Personnel Separations - Separation Documents) then in effect established standardized policy for the preparation of the DD Form 214. It stated in item 24c enter the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last oversea theater service was performed in. For service in Vietnam, the overseas theater was the U.S. Army Pacific (USARPAC). DISCUSSION: The evidence of record does not show and the applicant has not provided any evidence that shows he ever served in Vietnam and had qualifying service for award of the Vietnam Service Medal or the Vietnam Campaign Medal. There is no evidence that shows he was wounded as the result of enemy action, was treated by medical personnel for any such wounds, or met the criteria for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014064 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014064 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2