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ARMY | BCMR | CY2001 | 2001059175C070421
Original file (2001059175C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 October 2001
         DOCKET NUMBER: AR2001059175

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Robert J. McGowan Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Arthur A. Omartian Member
Mr. Harry B. Oberg Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his records be corrected to show that he was awarded the Vietnam Service Medal (VSM). Applicant originally requested the Armed Forces Expeditionary Medal, or AFEM, but withdrew that request in favor of the VSM.

APPLICANT STATES: He was in Vietnam during the time of conflict. He provides no supporting documentation to prove that contention.

EVIDENCE OF RECORD: The applicant's military records show:

He served in the Regular Army from 1 July 1958 to 1 June 1961. He was an airborne infantryman and was awarded the Good Conduct Medal (GCMDL), National Defense Service Medal (NDSM), Parachutist Badge, and Expert Marksmanship Badge (Rifle and Automatic Rifle).

The applicant was a member of Company A, 2nd Airborne Battle Group, 503rd Combat Infantry Team; this unit was reassigned from the 82nd Airborne Division to the 25th Infantry Division from June 1960 to 1 July 1961. During assignment to the 25th Infantry Division, the unit was stationed on Okinawa. The applicant served on Okinawa from on/about 1 June 1960 to on/about 31 May 1961 when he returned to Oakland, California for separation from the Army.

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

Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal (AFEM) is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. The governing regulation for award of the Armed Forces Expeditionary Medal does not show that it was awarded for service on Okinawa during the period from June 1960 to June 1961. It is authorized for US operations in support of the Republic of Vietnam government from 1 July 1958 to 3 July 1965. The VSM may be awarded in lieu of the AFEM for qualifying service in Vietnam prior to 4 July 1965. When this is done, the AFEM will be removed from the records of the individual; no person will be entitled to both awards for Vietnam Service.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The applicant served in the Army from 1 July 1958 to 1 June 1961. The VSM is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. The applicant is not entitled to award of the VSM based on the above qualifying service criteria.

3. The AFEM is authorized for personnel who participated in US operations in support of the Republic of Vietnam government from 1 July 1958 to 3 July 1965. The VSM may be awarded in lieu of the AFEM for qualifying service in Vietnam during this period.

4. The applicant's records do not indicate that he ever served in Vietnam in any capacity (permanent or temporary duty), nor has he provided any evidence that he served in Vietnam while assigned to Company A, 2nd Airborne Battle Group, 503rd Combat Infantry Team on Okinawa. Therefore, the Board cannot authorize award of the AFEM, or VSM in lieu of the AFEM.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

_cla_____ __aao___ ___hbo__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001059175
SUFFIX
RECON
DATE BOARDED 20011030
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY DIRECTOR
ISSUES 1. 107.0072
2. 107.0073
3.
4.
5.
6.


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