Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002074120C070403
Original file (2002074120C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002074120

         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
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Melvin H. Meyer Member
Mr. James E. Anderholm 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: In effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show any awards and decorations to which he is entitled to for his service in Vietnam.

APPLICANT STATES: In effect, that he served in Vietnam during the evacuation of Vietnam and that his discharge document does not show any awards or decorations for this service. In support of his application, he submits a copy of his DD Form 214.

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

The applicant enlisted on 24 June 1974 for a period of 3 years. He served as a correctional specialist and was honorably released from active duty on 21 June 1977.

The applicant’s DD Form 214, which was authenticated in his own hand, shows the Good Conduct Medal and the National Defense Service Medal as authorized awards.

There is no evidence in the applicant’s service personnel records which shows that he served in Vietnam.

Item 5 (Oversea Service) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he served in Hawaii from 22 November 1974 through 21 June 1977.

Item 27 (Remarks) on the applicant’s DD Form 214 shows the entry, “LAST COUNTRY OF OVERSEAS ASSIGNMENT: HAWAII.”

Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

Army Regulation 600-8-22 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.

Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying



service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal 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. The Board considered the applicant’s contention that he served in Vietnam during the evacuation of Vietnam. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

2. There is no evidence of record which shows that the applicant served in Vietnam. Therefore, the Board determined that there was no evidence on which to base any awards or decorations for service in Vietnam in this case.

3. 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.

4. 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

JLP____ MHM____ JEA____ DENY APPLICATION



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




INDEX

CASE ID AR2002074120
SUFFIX
RECON
DATE BOARDED 20021008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080012238

    Original file (20080012238.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his Vietnam service, the Vietnam Service Medal (VSM), and all authorized awards. The regulation in effect at the time provides, in pertinent part, that the total active duty performed outside of the continental United States for the period covered by the DD Form 214 will be entered in item 24c. As a result, the Board recommends denial of so much of the...

  • ARMY | BCMR | CY2007 | 20070011051

    Original file (20070011051.TXT) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Vietnam Service Medal and the Vietnam Campaign Medal. Evidence of record shows that the applicant served in the Republic of Vietnam during the period 17 September 1965 to 8 November 1965. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the list of awards identified on his DD Form 214, dated 7 January 1966, award of the Vietnam Service Medal...

  • ARMY | BCMR | CY2008 | 20080001478

    Original file (20080001478.txt) Auto-classification: Denied

    Counsel requests the applicant be awarded the Republic of Vietnam Campaign Medal and the Vietnam Service Medal. The evidence of record shows that the applicant served in the Republic of Vietnam for a period of 5 months and 17 days, from 1 December 1964 to 18 May 1965. The evidence of record shows that Vietnam Service Medal was awarded to members of the Armed Forces of the United States for qualifying service (attachment to or assignment for 1 or more days with an organization participating...

  • ARMY | BCMR | CY2003 | 2003083882C070212

    Original file (2003083882C070212.rtf) Auto-classification: Approved

    The applicant’s DA Form 20 (Enlisted Qualification Record) Item 23a shows that the applicant was awarded MOS 11B2P on 13 November 1964 and held that MOS for 2 years, 4 months and 14 days. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. That all of the Department of the Army...

  • ARMY | BCMR | CY2008 | 20080000957

    Original file (20080000957.txt) Auto-classification: Approved

    The evidence of record shows the applicant s is also entitled to award of the United Nations Service Medal based on award of the Korean Service Medal and correction of his records to show this award. The evidence of record shows that the applicant served a qualifying period for award of two National Defense Service Medals and that these awards are shown on his DD Form 214, dated 22 December 1967. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2009 | 20090003805

    Original file (20090003805.txt) Auto-classification: Denied

    The applicant requests that he be awarded the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM), and the Combat Infantryman Badge (CIB). 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. The available records show the applicant served in Vietnam from May to October 1965.

  • ARMY | BCMR | CY2014 | 20140013311

    Original file (20140013311.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 June 1965 to show his overseas service in Vietnam and Korea. The applicant states he needs his DD Form 214 to show he served overseas in both Vietnam and Korea. Army Regulation 600-8-22 (Military Awards) states: a.

  • ARMY | BCMR | CY2005 | 20050003612C070206

    Original file (20050003612C070206.doc) Auto-classification: Denied

    The applicant requests that his 1966 separation document be corrected to show that he served in Vietnam and that he is entitled to the Vietnam Service Medal and the Combat Infantryman Badge. Item 38 (Record of Assignments) on his Department of the Army Form 20 (Enlisted Qualification Record) does contain an entry indicating that in February 1965 he assumed duties as a gunner while attached to the 119th Aviation Company. The absence of evidence that he was awarded an Armed Forces...

  • ARMY | BCMR | CY2009 | 20090005907

    Original file (20090005907.txt) Auto-classification: Approved

    The evidence of record shows the applicant was awarded the Vietnam Service Medal. The evidence of record shows that the applicant served in Korea from on or about 25 August 1973 to on or about 2 December 1973. Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

  • ARMY | BCMR | CY2008 | 20080013577

    Original file (20080013577.txt) Auto-classification: Approved

    The applicant requests correction of his records to show all awards and decorations he earned as a result of his service in the Republic of Vietnam and a bronze service star to be affixed to his already-awarded Armed Forces Expeditionary Medal for serving in the Dominican Republic. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. With respect to a bronze...