BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150018426 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: 30 March 2017 DOCKET NUMBER: AR20150018426 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: 30 March 2017 DOCKET NUMBER: AR20150018426 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) for the period ending 18 November 1970 to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states his Vietnam service is not noted on his DD Form 214. The medals are required to establish in-country exposure to Agent Orange. It was brought to his attention that he qualifies as having been exposed to Agent Orange. 3. The applicant provides no additional evidence in support of his request. 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 to the Army of the United States on 17 April 1969. He completed his initial entry training and was awarded military occupational specialty (MOS) 95B (Military Policeman). 3. The applicant's DA Form 20 ( Enlisted Qualification Record) shows that after he completed his initial entry training, he was assigned to the 7th Military Police Company, 7th Infantry Division, Korea, from on or about 22 September 1969 through on or about 18 November 1970. 4. The applicant was released from active duty on 18 November 1970 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). He completed 1 year, 7 months and 2 days of total after service. His DD Form 214 shows in: a. Item 22c (Foreign and/or Sea Service), he served in U.S. Army Pacific Command (USARPAC) for 1 year, 2 months, and 8 days (the approximate length of time he served in Korea). b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the absence of any foreign service awards usually awarded for service in the Republic of Vietnam. c. Item 30 (Remarks), the entry: "VN SERVICE: NONE," indicating he did not serve in Vietnam. 5. The applicant's record is void of any documentation that indicates he served in the Republic of Vietnam at any time during his period of active service. 6. The applicant provides no evidence he served in the Republic of Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. b. The Republic of Vietnam Campaign Medal is awarded by the government of the Republic of Vietnam to Servicemembers of the U.S. Armed Forces who served in the Republic of Vietnam for 6 months during period from 1 March 1961 to 28 March 1973.Soldiers who served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months must meet the criteria established for the Armed Forces Expeditionary Medal (AFEM). 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. a. Item 22c of the version in effect at the time of his active service was used to document the total amount of active service completed outside the continental limits of the United States during the period covered by the DD Form 214. b. Item 30 of the version in effect at the time of his active service, was used for entries authorized by Headquarters Department of the Army for which a separate item is not available on the DD Form 214, and as a continuation block to complete entries too long for their respective blocks. DISCUSSION: 1. The applicant requests correction his DD Form 214 to show he was awarded or authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant's record shows he served in the Republic of Korea from on or about 22 September 1969 through on or about 18 November 1970. There is no evidence showing he served in the Republic of Vietnam at any time. In addition, item 30 of his DD Form 214 shows he had no Vietnam service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018426 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2