IN THE CASE OF:	 

		BOARD DATE:	 5 January 2010 

		DOCKET NUMBER:  AR20090010363


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 award of the Vietnam Service Medal.

2.  The applicant states he served in Vietnam on temporary duty (TDY).  He states that, while in Germany, he was attached to a Special Forces unit.  He was sent TDY to Turkey to train Turkish soldiers to become medical corpsmen, then he was sent TDY to Vietnam for 90 days to conduct medical corpsman training.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a personal statement.

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's records show he enlisted in the Regular Army for 3 years on 18 April 1962.  He received basic training at Fort Ord, CA, and advanced training at Fort Sam Houston, TX.  He was awarded military occupational specialty 911.10 (Medical Specialist) and sent to Valley Forge General Hospital, Phoenixville, PA, where he served from about September 1962 to about September 1963.

3.  The applicant's records show he served overseas in Darmstadt, Germany, from about September 1963 to about March 1965.  He returned to the United States and was honorably separated at Fort Hamilton, NY, on 2 April 1965.

4.  There is no evidence in the applicant's records to show he was ever TDY to Vietnam.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Vietnam Service Medal for his TDY service in Vietnam.

2.  The applicant's records show he served in the Regular Army from 18 April 1962 to 2 April 1965 with foreign service in Germany.  There is no record of his having served in Vietnam.

3.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  The applicant was separated from active duty on 2 April 1965; even if there was evidence of service in Vietnam, he would not have qualified for the Vietnam Service Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X__  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20090010363



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ABCMR Record of Proceedings (cont)                                         AR20090010363



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