ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 October 2019

	DOCKET NUMBER:  AR20190009582


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge) to show service in the Republic of 
Vietnam (RVN) and award of the Vietnam Service Medal (VSM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	a self-authored statement

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records 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 he took two trips to Da Nang, RVN while in a temporary duty 
(TDY) status.

3.  The applicant was inducted into the Army of the United States on 27 January 1966.

4.  Evidence shows he served 1 year, 6 months and 23 days of foreign service in United 
States Army Europe.

5.  His record does not contain evidence of service in the RVN.

6.  The applicant was honorably released from active duty on 7 January 1968.

7.  The standardized policy for the preparation of the DD Form 214 stated for item 22c, 
(Foreign and/or Sea Service) enter the total period of active duty served outside of the 
continental limits of the United States for the period covered by the DD Form 214 and to 
enter the last overseas theater (e.g., USARPAC) in which the service was performed.

8.  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.

BOARD DISCUSSION:

The Board found no evidence corroborating the applicant's claim to have been in 
Vietnam in a TDY status.  In the absence of such evidence, the Board found no basis 
for granting the requested relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	DENY APPLICATION


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.

	  
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

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 standardized policy for the 
preparation of the DD Form 214.  It stated for item 22c, enter the total period of active 
duty served outside of the continental limits of the United States for the period covered 
by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC) in which 
the service was performed.

3.  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.

				//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190009582

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