RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 MAY 2004
DOCKET NUMBER: AR2003095048
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Mark Manning | |Chairperson |
| |Mr. Richard Dunbar | |Member |
| |Ms. Mae Bullock | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his previous request to have
his service in Vietnam reflected on his separation document and to be
awarded the Vietnam Service Medal.
2. The applicant states, in effect, that his request should be
reconsidered and approved because he now provides evidence of his service
in Vietnam.
3. The applicant provides a copy of a travel payment voucher, airline
tickets, and his Department of Veterans Affairs rating decision.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002083198, on 15 May 2003.
2. The evidence submitted by the applicant shows that he was in a TDY
(temporary duty) status in Vietnam between 28 April 1969 and 18 May 1969; a
period of 20 days. At the time of his TDY he was assigned to an element at
Redstone Arsenal in Alabama. One of the airline tickets shows a final
destination of Saigon, which is consistent with the information contained
on the applicant’s final travel voucher, which was processed on 24 June
1969.
3. The applicant’s Department of Veterans Affairs rating provides no more
evidence than what was already confirmed by the applicant’s travel voucher.
4. In addition to the regulatory cite on the applicant’s original
memorandum of consideration, Army Regulation 600-8-22 also states that the
Vietnam Service Medal may be awarded to individuals who served on temporary
duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or
contiguous areas, except that time limits may be waived for personnel
participating in actual combat operations.
5. Army Regulation 635-5, which established the policies and provisions
for the preparation and distribution of separation document during the
period in question, did not provide for specifying the location or duration
of specific TDY assignments on the report of separation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has now provided evidence that he was in Vietnam,
his orders indicate that he was there in a temporary duty status for less
than 30 days, with no evidence of combat participation. As such he would
not qualify for award of the Vietnam Service Medal, nor are there any
provision to have his brief TDY status reflected on his separation
document.
2. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__MM___ __RD ___ __MB ___ 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 to amend the decision of
the ABCMR set forth in Docket Number AR2002083198, dated 15 May 2003.
_____Mark Manning______
CHAIRPERSON
INDEX
|CASE ID |AR2003095048 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040513 |
|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. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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