RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 August 2007
DOCKET NUMBER: AR20070004335
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 |
| |Ms. Deyon D. Battle | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. William Blakely | |Member |
| |Mr. Donald L. Lewy | |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 award of the Vietnam Service Medal.
2. The applicant states that he served in Thailand in support of the
Vietnam War.
3. The applicant provides no additional documentation in support of his
application.
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
applicant’s 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
applicant’s failure to timely file. In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army in Nashville, Tennessee, on 17
May 1966. He successfully completed his training as an infantry indirect
fire crewman. He was transferred to Hawaii on 3 September 1966 and he was
assigned to Company B, 3rd Battalion, 1st Infantry Regiment, 11th Infantry
Brigade.
3. On 27 September 1967, the applicant was transferred to Thailand and he
was assigned to Company B, 809th Engineer Battalion (Construction).
4. The applicant was transferred to the Continental United States on 18
April 1968 and he was honorably released from active duty (REFRAD) on 19
April 1968. The Report of Transfer or Discharge (DD Form 214) that he was
furnished at the time of his REFRAD shows that he was awarded the National
Defense Service Medal, the Army Good Conduct Medal and the Sharpshooter
Marksmanship Qualification Badge (Rifle M-14).
5. The available records fail to show that he applicant ever served in
Vietnam or that he was ever attached to or assigned with an organization
participating in or directly supporting military operations.
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.
DISCUSSION AND CONCLUSIONS:
1. The available records indicate that the applicant's failure to be
awarded the Vietnam Service Medal was proper.
2. His contentions have been noted. However, although he did serve in
Thailand, he did not serve in Vietnam nor was he attached to or assigned
with an organization participating in or directly supporting military
operations. Therefore, he is not entitled to the Vietnam Service Medal.
3. 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 this requirement.
4. In view of the foregoing, there is no basis for granting the
applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__DLL___ __WDP__ __WB___ 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 for correction of the
records of the individual concerned.
___William D. Powers__
CHAIRPERSON
INDEX
|CASE ID |AR20070004335 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070816 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 46 |107.0000/AWARDS & DECORATIONS |
|2. 119 |107.0073/VIETNAM SERVICE MEDAL |
|3. | |
|4. | |
|5. | |
|6. | |
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