IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160011933 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: 30 May 2018 DOCKET NUMBER: AR20160011933 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: 30 May 2018 DOCKET NUMBER: AR20160011933 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 (Report of Separation from Active Duty) to show an award based on service in the Republic of Vietnam. 2. The applicant states, in effect, just before he graduated from basic training his company was told to wear a medal, which he believes was the Vietnam Defense Medal, as part of their uniform. He does not remember if orders were cut for the award but it is part of his uniform which is now in the possession of his youngest son. 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 10 June 1974. 3. There are no available records showing the applicant was ever physically present in or served in the Republic of Vietnam, or that he performed any duties with a unit that directly or indirectly supported combat operations in the Vietnam. 4. The applicant was honorably release from active duty on 9 June 1977. He completed 3 years of total active service with no foreign and/or sea service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. It prescribes the policies and procedures concerning United States Army awards to foreign military personnel and foreign decorations to United States Army personnel. The Vietnam Defense Medal is not listed this regulation; however, the regulation states: a. Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient. Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of host country then the decoration may be accepted and worn by U.S. Army enlisted personnel. b. Paragraph 7-2d further states an approved unit award is for the designated unit and is authorized to members of that unit who participated in the cited action. Personnel who did not participate in the designated action, but who are assigned to the cited unit, are authorized temporary wear of the unit award. Additional information on wearing unit award emblems is contained in AR 670–1 (Wear and Appearance of Army Uniforms and Insignia). 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's request to, in effect, correct his DD Form 214 to show he was awarded a medal based on service in the Republic of Vietnam was carefully considered. 2. The applicant's military personnel records show he performed no foreign and/or sea service throughout his enlistment. There are no available records showing the applicant was ever physically present in or served in the Republic of 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) AR20160011933 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011933 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2