BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017834 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: 2 May 2017 DOCKET NUMBER: AR20150017834 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: 2 May 2017 DOCKET NUMBER: AR20150017834 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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states, in effect, his DD Form 214 does not reflect these awards in item 24. 3. The applicant provides his DD Form 214. 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 10 October 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Germany after completing initial entry training. There are no entries indicating he served in Vietnam. 4. On 2 February 1970, he was evaluated by a Medical Evaluation Board for congenital deformity of both feet. He was referred to a Physical Evaluation Board on 7 April 1970, which recommended the applicant be separated from the service without entitlement to disability benefits from the service. 5. Special Orders Number 38 published on 10 February 1970 by Headquarters VII Corps reassigned him to the U.S. Army Overseas Replacement Station, Fort Lewis, WA, for further assignment to the Vietnam Transportation Detachment with a report date of 19 April 1970. 6. His service record includes a memorandum, dated 24 September 1970, that indicates the applicant entered the 130th General Hospital on 25 October 1969 and was released on 5 April 1970. The memorandum also indicates that the applicant came down on Vietnam levy during January 1970 with an in-country date during February 1970. He was unable to comply with this assignment because he was undergoing treatment in the hospital. 7. The Army discharged him on 3 October 1970 by reason of physical disability. His DD Form 214 shows he completed 1 year, 6 months, and 18 days of foreign service with U.S. Army Europe. REFERENCES: 1. Army Regulation 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. 2. Army Regulation 600-8-22 (Military Awards) states 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. DISCUSSION: 1. The evidence of record shows the applicant was placed on orders for assignment to Vietnam in February 1970; however, he was undergoing treatment in the hospital at that time and was unable to comply with this assignment. 2. As he did not serve in Vietnam, he did not qualify for award of the Vietnam Service Medal or Republic of Vietnam Campaign Medal with Device (1960). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017834 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017834 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2