BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160000853 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: 31 August 2017 DOCKET NUMBER: AR20160000853 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: 31 August 2017 DOCKET NUMBER: AR20160000853 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 he was in Vietnam and to award him the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states he served in Vietnam, but, because he is an only son, the Army pulled him out of Vietnam and subsequently transferred to Korea. He was denied service connected disabilities because the Department of Veterans Affairs (VA) refused to confirm he was exposed to Agent Orange while serving at the Demilitarized Zone in Korea. The Agent Orange examiner at the Parma, Ohio VA verified on her computer that he was in Vietnam before being sent to Korea and he needs to prove to the VA that he was in Vietnam. 3. The applicant provides: * 2 DA Forms 20 (Enlisted Qualification Record) * 2-page VA Request for Information * a letter * Annual General Supplement to Unit History dated 17 February 1967 * Annual General Supplement to Unit History dated 13 February 1968 * VA Rating Decision dated 16 May 2014 * 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 was inducted into the Army of the United States on 19 April 1966. Evidence shows the applicant attended advanced individual training (AIT) at Fort Belvoir, VA from 9 July 1966 to on or about 11 September 1966. He successfully completed AIT and he was awarded military occupational specialty 63C (General Vehicle Repairman). Item 28 (Specialized Training) of his DA Form 20 shows he completed training on the Republic of Vietnam on 23 July 1966. 3. Special Orders Number 195 issued by Headquarters, U.S. Army Engineer Center and Fort Belvoir, Fort Belvoir, VA on 9 September 1966 assigned the applicant to the 177th Replacement Company and required him to report to Fort Lewis, WA not later than 1300 hours on 13 September 1966. 4. Special Orders Number 238 issued by Headquarters, 38th Replacement Battalion on 16 September 1966 reassigned the applicant from the 177th Replacement Company and required him to arrive at Kimpo Air Base, Korea on or about 15 September 1966. 5. Item 31 (Foreign Service) of his DA Form 20 shows he served in Korea for the period 12 September 1966 through 11 October 1967. 6. He was honorably released from active duty upon the expiration of his term of service on 18 April 1968 and transferred to the U.S. Army Reserve for completion of his Reserve obligation. His DD Form 214 shows he completed 2 years of total active service with 1 year and 1 month of foreign and/or sea service. He was awarded or authorized the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar. REFERENCES: Army Regulation 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. "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support. 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 for 6 months during the period 1 March 1961 through 28 March 1973. Qualifying service outside the geographical limits of the Republic of Vietnam required that the individual contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. DISCUSSION: 1. The applicant's request to, in effect, correct his DD Form 214 to show he was in Vietnam and to award him the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) was carefully considered. 2. The applicant's military personnel records show he was assigned to duty in Korea from September 1966 to October 1967. There are no available records showing the applicant ever physically present in or served in Vietnam, or that he performed any duties with a unit that directly or indirectly supported combat operations in the Vietnam. 3. There is no apparent error or injustice in the applicant's records concerning his foreign 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) AR20160000853 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000853 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2