RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       14 December 2005
      DOCKET NUMBER:  AR20050003680


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      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 that he be awarded the Vietnam Service Medal
(VSM) and all other medals to which he is entitled to receive.

2.  The applicant states that he served in Vietnam from 1969 to 1970 and
should have received awards for that service.

3.  The applicant provides a copy of orders releasing him from active duty
(REFRAD) on 24 January 1971 that show his last duty station in Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 January 1971.  The application submitted in this case is
dated 22 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  He enlisted at Fort Hamilton, New York, on 31 January 1968 for a period
of
3 years and training as a military policeman.  He completed his basic
combat training at Fort Jackson, South Carolina and his advanced individual
training (AIT) at Fort Gordon, Georgia.  Upon completion of his AIT he was
transferred to Lackland Air Force Base, Texas, to undergo training as a dog
handler.

4.  He completed dog handler training and was transferred to an artillery
unit at Union Lake, Michigan, for duty as a security guard.

5.  He departed for assignment to Hawaii on 10 January 1969 and arrived
there on 19 February 1969.  He was assigned to the 524th Military Police
Company at Fort Shafter on 19 February 1969 for duty as a senior military
policeman.  He was advanced to the pay grade of E-4 on 15 April 1969.


6.  On 5 March 1970 he was convicted by a summary court-martial for being
incapacitated for the proper performance of his duties due to his previous
overindulgence in intoxicating liquor.  His punishment consisted of a
forfeiture of pay.

7.  He was promoted to the pay grade of E-5 on 9 July 1970, departed Hawaii
on 23 January 1971, and was transferred to Oakland, California, where he
was honorably REFRAD on 24 January 1971 as an early overseas separate.  He
had served 2 years, 11 months, and 24 days of total active service and was
awarded the National Defense Service Medal.

8.  Orders published at Oakland that transferred the applicant and five
other Soldiers to the United States Army Reserve (USAR) Control Group
(Reinforcement) indicate that the last permanent duty station of all six
Soldiers was “USARV” (United States Army –Vietnam).

9.  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.  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 has failed to show through evidence submitted with his
application or the evidence of record that he ever served in Vietnam.
Although he has submitted a copy of his orders transferring him to the USAR
Control Group which indicates that his last permanent duty station was
USARV, it is reasonable to presume that the orders were administratively
incorrect.

3.  Accordingly, an administrative error on an order does not serve to
justify giving him credit for service in Vietnam that he did not perform.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 January 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
23 January 1974.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_MJF____  __LGH__  _JS_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ______John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003680                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |119.VSM                                 |
|1.107.0073              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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