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ARMY | BCMR | CY2002 | 2002083198C070215
Original file (2002083198C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 15 May 2003
         DOCKET NUMBER: AR2002083198

         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. Richard P. Nelson Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas A. Pagan Member
Mr. Roger W. Able 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: Correction of his DD Form 214 (Report of Separation From Active Duty) to show service in the Republic of Vietnam and award of the Vietnam Service Medal.

APPLICANT STATES: That he served in Vietnam during an undetermined period for an unspecified period of time and that this service was not recorded in his service personnel records. He further states that award of the Vietnam Service Medal is not recorded in his service personnel records.

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

The applicant enlisted in the United Sates Army on 13 June 1951. He trained in the Air Defense Artillery field and spent over 22 years on active duty, retiring at the rank of Sergeant First Class on 28 February 1974. Almost nine years of his service were spent in overseas assignments in Korea and Okinawa.

The applicant’s records contain four DD Forms 214, all authenticated in his own hand. None of the 214s show overseas service in Vietnam, award of the Vietnam Service Medal, or campaign credit for Vietnam service.

Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show service in Vietnam.

Item 38 (Record of Assignments) of the applicant’s DA Form 20 does not show service in Vietnam.

Item 39 (Campaigns) of the applicant’s DA Form 20 does not show campaign credit for Vietnam service.

Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the Vietnam Service Medal.

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.

The applicant provided a copy of Headquarters, U.S. Army Missile Command Letter Orders Number 464-69, dated 25 April 1969, as evidence of service in the Republic of Vietnam. These orders refer to U.S. Army Missile Command Letter Orders Number 460-69, dated 24 April 1969, which are not available to the Board.

In effect, Letter Orders 464-69 amended existing group travel orders, apparently authorizing an inspection or training team visit to Vietnam. These orders also authorized the applicant to take an unspecified period of leave in Korea. There is no evidence that any of the four non-commissioned officers in the group were attached or assigned for 1 or more days with an organization participating in or directly supporting military operations in Vietnam.

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 request for award of the Vietnam Service Medal and the document submitted in support of his request.

2. There are no entries in the applicant’s DD Forms 214 that show evidence of service in Vietnam or award of the Vietnam Service Medal.

3. There are no entries in the applicant’s DA Form 20 that show evidence of service in Vietnam or award of the Vietnam Service Medal.

4. 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.

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

__RWA__ ___TAP _ ___AAO_ DENY APPLICATION



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




INDEX

CASE ID AR2002083198
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030515
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0073.0000
2.
3.
4.
5.
6.

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