RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 March 2008
DOCKET NUMBER: AR20070016775
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Ms. Yolanda Maldonado
Member
Mr. Edward E. Montgomery
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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Vietnam Service Medal.
2. The applicant states that he was awarded the Vietnam Service Medal but it was omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 20 March 1967, the applicant, a member of the Louisiana Army National Guard, was ordered to initial active duty for training. He completed training and was awarded military occupational specialty (MOS) 68H2O (Aircraft Hydraulics Repairman).
3. On 19 July 1967, the applicant was released from active duty for training and transferred to his Louisiana Army National Guard unit. He had completed a period of 4 months active duty for training and received an honorable characterization of service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows only the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. There is no available evidence showing that the applicant served on active duty subsequent to his active duty training, or that he ever served in the Republic of Vietnam.
6. 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.
7. Army Regulation 600-8-22, as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence and the applicant has not provided any evidence to show that he served on active duty subsequent to his initial training, or that the ever served in the Republic of Vietnam. Therefore, his request for award of the Vietnam Service Medal should be denied.
2. 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 the aforementioned requirement.
3. However, should the applicant have, or be able to obtain copies of supporting documents showing that he served on active duty subsequent to his initial training and was assigned to the Republic of Vietnam, he may submit another application to this Board for consideration.
4. Evidence shows that the applicants records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__YM ___ __SLP __ __EM ___ 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. The Board determined that administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the National Defense Service Medal.
__ Shirley L. Powell _____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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