IN THE CASE OF: BOARD DATE: 23 April 2020 DOCKET NUMBER: AR20190009066 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Vietnam Service Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 10 June 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He served during his country during a time of war in Cameron Bay, South Vietnam, from 1968 to 1970. b. The Vietnam Service Medal was not added to his DD Form 214 at the time of his separation. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected to show award of the Korea Defense Service Medal. 4. On 6 December 1967, the applicant was inducted into the Army of the United States. 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) – 8 August 1968 to 25 August 1969, U.S. Army Pacific, Korea, b. item 33 (Appointments and Reductions) – he was reduced in rank/grade from specialist four/E-4 to private first class/E-3 on 28 February 1969, c. item 38 (Record of Assignments) – * 8 August 1968 to 16 March 1969, U.S. Army Strategic Command, Signal Brigade, Korea * 17 March 1969 to 25 August 1969, U.S. Army Strategic Command, Communications Operations Battalion, Korea d. item 41 (Awards and Decorations) – he was awarded or authorized the: * National Defense Service Medal * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. On 25 August 1969, he was honorably released from active duty. His DD Form 214 shows in: a. item 12 (Last Unit Assignment and Major Command) – U.S. Army, Strategic Command, Communications Operations Battalion, Eighth Army, Korea; b. item 22c (Foreign and/or Sea Service) – U.S. Army Pacific; 1 year and 24 days; and c. item 24 (Decorations, Medals, Badges, Commendations, and Campaign ribbons awarded or Authorized) – he was awarded or authorized: * National Defense Service Medal * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. His records are void of any evidence he was assigned to a unit in Vietnam or he served in Vietnam. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board members all agreed that the burden of proof lies with the applicant; however, he did not provide any supporting documentation and his service record has insufficient evidence to support his request of the Vietnam Service Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was authorized award of the Korea Defense Service Medal which is not listed on his DD Form 214. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal was awarded to all service 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. To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications: 1. Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations. 2. Be attached to or regularly serve for 1 or more days aboard a U.S. naval vessel directly supporting military operations. 3. Participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations. 4. Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations. 5. No person will be entitled to more than one award of the Vietnam Service Medal. 6. Individuals qualified for the Armed Forces Expeditionary Medal for reason of service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) will remain qualified for that medal. Upon request (unit personnel officer) any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. In such instances, the Armed Forces Expeditionary Medal will be deleted from the list of authorized medals in personnel records. No person will be entitled to both awards for Vietnam service. b. The Korea Defense Service Medal is authorized for award to service members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009066 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1