IN THE CASE OF:
BOARD DATE: 12 June 2008
DOCKET NUMBER: AR20080005499
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his military records be corrected to show he was on temporary duty (TDY) to Vietnam during the period 1971 to 1972. He also requests a campaign medal for his service in Vietnam and Germany.
2. The applicant states, in effect, that he was TDY to Vietnam from Germany in the late part of 1971 to 1972 for training purposes.
3. The applicant provides no additional evidence 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 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. The applicant enlisted on 4 February 1971 for a period of 3 years. He trained as an automated data processing system machine operations specialist. His DA Form 2-1 (Personnel Qualification Record) shows he arrived in Germany on 20 June 1971. On 30 January 1973, he was honorably discharged for immediate reenlistment.
3. The applicants DD Form 214 for the period ending 30 January 1973 shows he served 1 year, 7 months, and 10 days of foreign service. His DD Form 214 shows the National Defense Service Medal as an authorized award. His DD Form 214 does not show any dates of service in Vietnam.
4. On 31 January 1973, the applicant reenlisted for a period of 6 years. His enlistment contract shows he reenlisted from Nellingen, Germany. His DA Form 2-1 shows that he departed Germany on 16 April 1973. On 29 October 1976, the applicant was discharged with a general discharge.
5. The applicants DD Form 214 for the period ending 29 October 1976 shows he served 1 year, 9 months, and 27 days of foreign service. His DD Form 214 shows the Good Conduct Medal and the National Defense Service Medal as authorized awards. His DD Form 214 does not show any dates of service in Vietnam.
6. There is no evidence of record which shows the applicant served in Vietnam or Berlin, Germany.
7. 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.
8. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded
prior to 9 May 1945. The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
9. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states that effective 1 August 1981 all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. Since there is no evidence of record which shows the applicant served in Vietnam, there is no basis for granting his request for award of the Vietnam Service Medal or to amend his DD Form 214 to show service in Vietnam.
2. The applicant does not specify what campaign medal he desires for his service in Germany.
3. If the applicant meant the Army of Occupation Medal, there is no evidence of record to show he served in Berlin; therefore, he did not serve a period of qualifying service for award of the Army of Occupation Medal with Germany Clasp.
4. If the applicant meant the Overseas Service Ribbon, there is no evidence of record to show he had an Active status on or after 1 August 1981; therefore, he would not be eligible for an award of the Overseas Service Ribbon.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ __xx____ 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.
________xxxxx__________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005499
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