IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080006146
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 correction of his records to show he was on active duty during the Vietnam conflict and award of the Army Service Ribbon.
2. The applicant states that the error precludes him from receiving benefits from the Department of Veterans Affairs (DVA).
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 14 December 1966; and a flyer from the San Juan, Puerto Rico DVA Regional Office, describing the requirements to request a pension.
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Puerto Rico Army National Guard (PRARNG) on or around 1 May 1965. He completed 1 year,
3 months, and 9 days of prior service in the PRARNG when he was called to and entered active duty for training (ACDUTRA) on 15 August 1966. He completed
4 months of ACDUTRA and was honorably released from active duty on
14 December 1966 and returned to the State control as a member of the PRARNG to complete his remaining military service obligation.
4. The applicant's reconstructed records do not reveal the applicant completed any other periods of active duty.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal. Item 26 does not show award of the Army Service Ribbon.
6. Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This regulation states, in pertinent part, 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 upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant enlisted in the PRARNG in or around May 1965. He entered active duty for training on 15 August 1966, completed 4 months of active duty for training, and was honorably released from active duty on 14 December 1966 to the control of the PRARNG. There is no evidence in the applicant's records and the applicant did not provide any evidence that shows he completed any other period of active duty. Therefore, there is no correction required.
2. With respect to award of the Army Service Ribbon, this award was established on 10 April 1981. Effective 1 August 1981, all members of the Active Army, ARNG, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. However, there is no evidence that the applicant served on active duty after 1 August 1981. Therefore, he does not meet the requirements for award of the Army service Ribbon.
3. The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits. 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 did not submit evidence that would satisfy that requirement. Therefore, the applicant is not entitled to relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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.
XXX
______________________
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) AR20080006146
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ABCMR Record of Proceedings (cont) AR20080006146
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