RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20070016782 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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, in effect, reconsideration of her earlier request that the records of her deceased spouse, a former service member (FSM), be corrected to show he received an award for valor while serving in the Republic of Vietnam. 

2.  The applicant states, in effect, that she has provided documents from her husband’s file for the Board to review.

3.  The applicant provides copies of two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), with ending dates of 29 June 1965 and 28 June 1968; page 2 of the FSM’s DA Form 20 (Enlisted Qualification Record); six calendars covering the years 1963 through 1968; the FSM’s Review Decedent Information document; a letter from Ms. J____ _____, a friend of the FSM, dated 11 October 2005; an undated letter from Mr. J___ M_____, a friend of the FSM; a copy of Mr. J___ M____’s obituary; a Declaration from the applicant, dated 3 December 2004; a letter from the FSM’s primary doctor, dated 29 November 2000; page 2 of a letter from the FSM’s former doctor; a photograph of the FSM’s tombstone; and a copy of the applicant’s letter to the Department of Veterans Affairs (DVA), dated 9 April 2003.

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 AR20060006075 on 5 December 2006.

2.  The applicant has provided new evidence that will be considered by the Board.

3.  The FSM's military service records show that he enlisted in the U.S. Army on 28 September 1962.  Upon completion of basic combat training (BCT) and advanced individual training (AIT), the FSM was awarded military occupational specialty (MOS) Code 293.60 (Radio Relay and Carrier Operator).  The FSM's MOS Code was subsequently redesignated MOS Code 31M.  The FSM's military service records also show that he attained the grade of sergeant/pay grade E-5.

4.  Item 31 (Foreign Service) on the FSM’s DA Form 20 shows that he served 60 months (a rounding up of his actual overseas service) in U.S. Army Europe (Italy) from 20 April 1963 through 31 March 1968.  Item 35 (Record of Assignments) of this document shows, in pertinent part, that on 22 April 1963 the FSM was assigned to the 560th Signal Battalion, U.S. Army Europe (Italy), where he served until being reassigned to the continental United States on 4 April 1968. On 10 May 1968, the FSM was assigned to the 57th Signal Battalion, Fort Hood, Texas, where he served until his release from active duty on 28 June 1968.

5.  The FSM was honorably released from active duty on 28 June 1968 after completing a total of 5 years, 9 months, and 1 day of total active military service. On the following date, the FSM was transferred to the U.S. Army Reserve (USAR), Control Group (Reinforcement), St. Louis, Missouri, for completion of his reserve military service obligation.  

6.  The FSM’s DD Form 214 for the period ending 28 June 1968 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Item 24c (Foreign and/or Sea Service) of the FSM's DD Form 214, with an ending date of 29 June 1965, shows he served overseas in the U.S. Army Europe for 2 years, 2 months, and 10 days during the period of service covered by the DD Form 214.  Item 11b (Station or Installation at Which Effected) of this DD Form 214 shows the FSM was discharged at Caserma Carlo Ederle, Vicenza, Italy on 29 June 1965.

8.  Item 20 (Place of Entry into Current Active Service) of the FSM's DD Form 214, with an ending date of 28 June 1968, shows he entered the period of service covered by the DD Form 214 at Vicenza, Italy on 30 June 1965.  Item 22c (Foreign and/or Sea Service) of this DD Form 214 shows he served overseas in the U.S. Army Europe for 2 years, 9 months, and 1 day during this period of service.

9.  There are no orders or other evidence in the FSM's military service records to show that he served overseas in the Republic of Vietnam, or in any designated combat zone, during the period the FSM served in the U.S. Army.

10.  There are no orders or other evidence in the FSM’s military service records that show he was authorized an award or decoration for valor.

11.  The applicant resubmitted a copy of the FSM's Review Decedent Information document, which appears to be a DVA document, which shows the FSM’s military service from 28 September 1962 through 28 June 1968.  This document does not list any awards for valor under the heading “VALOR AWARD(S).  Under the heading, “WAR PERIOD(S)”, the entry “VN VIETNAM” was entered to apparently indicate the FSM served during the Vietnam era.  

12.  The applicant resubmitted a letter from Ms. J____ A_______ which indicates the FSM told her about war stories from when he was in Vietnam, but offers no additional documentary evidence.  

13.  The applicant provided a letter from Mr. J___ M_____ which indicates he was a Vietnam Veteran and that he met the FSM in 1997.  Mr. M_____ stated that he and the FSM talked about their experiences and the FSM talked to him about his PTSD problems because of his experiences in Vietnam.  

14.  The applicant provided sworn statements in support of her claim.  She states that the FSM served in Vietnam and was exposed to Agent Orange.  She also states that the FSM shared his experiences in Vietnam with her and their daughter.  While the FSM was in the critical unit at Mercy Hospital from September 2000 to October 2000, she continued to ask him if he went to Vietnam and he responded “yes.”  

15.  The applicant provided a photograph of the FSM’s tombstone which shows the inscription “VIETNAM” beneath the FSM’s rank and branch of service.  

16.  Army Regulation 600-8-22 (Military Awards) describes valor as heroism performed under combat conditions.  The military awards regulation also states that the "V" device (for valor) is worn on the designated suspension and service ribbons to denote participation in acts of heroism involving conflict with an armed enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the records of the FSM should be corrected to show he received an award for valor while serving in the Republic of Vietnam.  However, the applicant provides insufficient evidence in support of her claim.

2.  It appears the FSM’s Review Decedent Information document was prepared by the Department of Veterans Affairs and shows the FSM served from 28 September 1962 through 28 June 1968 during the Vietnam era.  

3.  The applicant provided a photograph of the FSM’s tombstone which shows the inscription “VIETNAM.”  However, given the evidence in his military records, it appears that this entry on his tombstone is either an error or is meant only to reflect that he served during the Vietnam era.  The applicant could ask the DVA for clarification and/or to ask what evidence the DVA has to show the FSM served in Vietnam.  

4.  The FSM’s Enlisted Qualification Record and his DD Form 214 with effective dates of 29 June 1965 and 28 June 1968 show he served in the U.S. Army Europe (Italy).  There is no evidence of record that shows the FSM served in the Republic of Vietnam.  

5.  There is no evidence of record that shows the FSM was awarded, or received, an award or decoration for valor during his service in the U.S. Army.  Therefore, the applicant is not entitled to correction of the FSM's records to show an award for valor.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

JM______  CD______  QS______  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 AR20060006075, dated 5 December 2006.




                         jml__________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070016782


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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