BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016037 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: 11 July 2018 DOCKET NUMBER: AR20160016037 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: 11 July 2018 DOCKET NUMBER: AR20160016037 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 the Vietnam Service Medal. 2. The applicant states his Vietnam service medals were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He states he has two witness statements verifying he served in Vietnam and his Department of Veteran Affairs (VA) Rating Decision also supports the fact he served in Vietnam. 3. The applicant provides – * VA Rating Decision dated 30 October 2010 * two reference letters * 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 7 June 1965. He completed training and was awarded military occupational specialty 11B (Infantryman). He was assigned to Company C, 2nd Battalion, 504th Infantry Regiment, Fort Bragg, North Carolina on 14 November 1965. 3. Effective 1 March 1966, Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina published Letter Orders 638 directing the 2nd Battalion, 504th Infantry Regiment (Airborne) to conduct a permanent change of station move from Fort Bragg, North Carolina to the U.S. Armed Forces – Dominican Republic. 4. On 5 March 1966 the applicant was awarded the Combat Infantryman Badge by publication of special orders. 5. On or about 6 August 1966 the applicant and his unit returned to Fort Bragg, North Carolina from the Dominican Republic. 6. On or about 15 May 1967 the applicant with his unit conducted a temporary change of station to Fort Indiantown Gap, Pennsylvania to support the summer training of Reserve Officers' Training Corps (ROTC) cadets. 7. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following pertinent information: a. item 31 (Foreign Service) – Dominican Republic from 14 November 1965 to 6 August 1966. b. item 38 (Record of Assignment) on or about 14 November 1966 his unit was assigned to a task force and conducted a unit permanent change of station move to the Dominican Republic. On or about 5 August 1966, the applicant and his unit returned to Fort Bragg, North Carolina. From 6 August 1966 to his release from active duty on 6 June 1968, the applicant was assigned to 2nd Battalion, 504th Infantry (Airborne). There is no indication he served in the Republic of Vietnam. c. item 41 (Awards and Decorations) shows he was awarded the Combat Infantryman Badge and the Armed Forces Expeditionary Medal for actions in the Dominican Republic. 8. The lineage and honors for the 2nd Battalion, 504th Infantry Regiment, shows the unit has no campaign credit or unit awards for service in Vietnam. 9. The applicant provided the following evidence: a. Mr. Herbert H.L. Jr. stated he and the applicant grew up together. The applicant entered the United States Army and he entered the United States Air Force. In late 1967 and into 1968, he and the applicant ran into each other in the Republic of Vietnam. He was rotating into county and the applicant was returning home. Their meeting was very brief. b. Mr. Clarence W.J. served in the Regular Army. He provided a nonnotarized statement attesting to the fact he and the applicant served in the 82nd Airborne Division at Fort Bragg, North Carolina and in the Dominican Republic during a civil disturbance. When they returned they were both sent to Fort Indiantown Gap, Pennsylvania to train cadets. They returned together to Fort Bragg and he was reassigned to a unit at Fort Campbell, Kentucky. His new unit went to the Republic of Vietnam. He met the applicant there in Saigon around mid-February 1968. He was there during the Tet Offensive Campaign. He and the applicant spent a little time together and then his unit moved to a new location. c. The VA rating decision, dated 30 October 2010, contains the statement, "You are unable to establish and maintain effective work/school and social relationships because your work and social relationships have been impaired and have caused you difficulty since your return from Vietnam." He was rated 100 percent disabled due to post traumatic stress disorder REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. b. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-3 shows the Armed Forces Expeditionary Medal was awarded for service in the Dominican Republic from 28 April 1965 to 21 September 1966. c. The Combat Infantryman Badge is authorized for combat actions in the Dominican Republic from 28 April 1965 to 1 September 1966. 2. Army Regulation 600-200 (Enlisted Personnel Management System) states that personnel offices will establish controls to ensure each enlisted member audits his DA Form 20 annually during their birth anniversary month. Entries on the DA Form 20 are limited to those prescribed by this regulation. For item 31, enter in chronological order each foreign service tour performed by the individual. Enter the date of departure from the continental United States and the date eligible to return. Enter the overseas command and name of each country, area, territory, or State in which served during the same uninterrupted overseas service tour. Enter the total number of months of each foreign service tour. DISCUSSION: 1. There are unit permanent change of station orders and temporary change of station orders filed in the applicant’s official military personnel record. The unit permanent change of station orders show the applicant and his unit moved to the Dominican Republic where he received the Combat Infantryman Badge for combat action. The temporary orders show his unit provided summer support to ROTC cadets in Pennsylvania. 2. The two witness statements indicate they saw the applicant in the Republic of Vietnam in late 1967 to 1968. Each witness said it was a chance meeting in or around Saigon. However, there is no supporting evidence such as orders showing he relocated to the Republic of Vietnam from Fort Bragg, North Carolina, nor are the required entries shown on his DA Form 20. Further, his unit did not receive campaign participation credit or any unit awards for service in Vietnam. 3. The evidence shows his combat service was in the Dominican Republic. 4. The applicant's official record lacks evidence to support his contention he served in the Republic of Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016037 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016037 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2