BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017105 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 BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017105 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. BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017105 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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show/provide: * award of the Vietnam Service Medal, * service in the Port of Saigon (Vietnam) and Thailand * an explanation as to why the above two items were omitted 2. The applicant states, in effect, he previously petitioned the Army Board for Correction of Military Records (ABCMR) to correct his records to show he served outside the continental United States (CONUS). His case was addressed in ABCMR Docket Number AR20110012140, date 22 December 2011. Although the Board granted him full relief, his corrected DD Form 214 did not specifically state he had spent time in the Port of Saigon, and had been to Thailand. Based on this service, he asserts he should have received the Vietnam Service Medal, and states the locations of his service should also have been noted on the corrected DD Form 214. 3. The applicant provides: * DD Form 214, ending on 17 December 1968 * AR20110012140, Record of Proceedings, dated 22 December 2011 * photographs, presumably showing the applicant as well as the ship on which he served * U.S. Air Force webpage * Bill Text from the 111th Congress * map, titled Area Designation for the Vietnam Service Medal, also presumed to be the War Zone * map titled Herbicide Drift Zone for the Korat RTAFB (Royal Thai Air Force Base) 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 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 30 December 1966. He held military occupational specialty (MOS) 54B (Decontamination Specialist). 3. His available service record contains the following documents: a. DA Form 20 (Enlisted Qualification Record) shows: (1) Item 31 (Foreign Service) is blank. (2) Item 38 (Record of Assignments) is void of entries indicating he served in Vietnam or Thailand. (3) Item 41 (Awards and Decorations) reflects only the National Defense Service Medal and no other awards or decorations. b. Letter Orders (LO) Number 11-16, dated 9 November 1967, issued by Edgewood Arsenal, directed the applicant to perform temporary duty (TDY) in Concord, CA and outside CONUS (OCONUS), as directed, for a period of 60 days. He was to proceed on, or about, 13 November 1967. c. LO Number 6-12, issued by Edgewood Arsenal, dated 13 June 1968, amended the above aforementioned orders by authorizing the applicant sea duty pay for a period of 24 days (20 November through 13 December 1967) for service spent on a ship. Neither order mentions service in Vietnam or Thailand. 4. He was honorably released from active duty on 17 December 1968 due to expiration of term of service. His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214) shows he completed 1 year, 11 months, and 18 days of net active creditable service. Item 22c (Foreign and/or Sea Service) shows 24 days of foreign and/or sea service, but the corrected entry did not specify in which overseas theater the service was performed. His DD Form 214 also lists award of the National Defense Service Medal. 5. On 23 May 2011, he petitioned the ABCMR to correct his records. a. He wrote, "I spent time overseas while in service escorting chemicals such as Agent Orange and explosives which is not on my DD 214" "me being overseas was never put on my DD 214" b. On 22 December 2011, the Board granted full relief, citing the orders that had placed him on TDY for 24 days. 6. The applicant provides copies of photographs that purportedly show him and the ship on which he served while in a TDY status. He also submits information on the Vietnam Service Medal, an extract from legislation regarding Agent Orange, and maps depicting Vietnam and apart of the Korat RTAFB. The map of the Korat RTAFB appears to describe the deployment of an unspecified herbicide. REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of his or her military service. a. Item 22c was to show the total active service performed in OCONUS for the term of service covered by the DD Form 214, as well as the last overseas theater service was performed, e.g., USARPAC (U.S. Army Pacific), followed by the years, months, and days served. b. Until the implementation of change 15, dated 4 February 1972, the regulation did not require item 30 to show service in Indochina (which included both Thailand and Vietnam). With this revision, when the record indicated assignment to an organization in Laos, Thailand, or Vietnam, the entry would show "YES" for Indochina, and list the dates of service in Vietnam. The example given when the Soldier served in Vietnam was, "VIETNAM - 25 APR 70 THRU 28 MAY 71, INDOCHINA-YES, KOREA-NO." 2. AR 600-8-22 (Military Awards) states 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 one or more days with an organization participating in or directly supporting military operations in Vietnam. 3. 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 record and 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, in effect, correction of his DD Form 214, ending on 17 December 1968 by: * listing the Vietnam Service Medal * showing service in the Port of Saigon and Thailand * providing an explanation as to why the above two items were omitted when the Board initially corrected his record 2. The applicant's initial request to this Board, dated 23 May 2011, appeared solely to address the correction of his DD Form 214 to reflect his 24 days of foreign/sea service. * the applicant made no mention of having been in either Vietnam or Thailand * he did not include the award of the Vietnam Service Medal as part of his initial request * he provided no evidence to show he served in either Vietnam or Thailand * the available evidence only shows he served on sea duty for 24 days, and is void of any reference to service in either Vietnam or Thailand * based on the available evidence, the Board corrected his DD Form 214 to show 24 days of sea duty; there was insufficient evidence to make any further corrections 3. With his current application, he includes photographs and maps, but none offer clear and compelling evidence he served in either Vietnam or Thailand. Regarding the photographs, there is no way to discern with any certainty who is in the photographs, what ships are being portrayed, or at what location the photographs were taken. As to the maps, while they clearly show locations in Southeast Asia, no connection can reasonably be drawn between the applicant and what the maps display. 4. The Board is not an investigative body, cases are decided based on the evidence in the military record and the evidence provided by the applicant. The applicant has the burden of proof to submit sufficiently compelling evidence to show why the records in question require correction. Official documents, prepared at or near the time, offer the strongest basis for making a records correction. In this case, neither the available record, nor the evidence submitted by the applicant appear sufficient to grant 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) AR20150017105 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017105 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2