IN THE CASE OF:	  

		BOARD DATE:	       19 August 2008

		DOCKET NUMBER:  AR20080007154 


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 reconsideration of an earlier appeal for the Vietnam Service Medal (VSM). 

2.  The applicant states, in effect, that he was told that he did not qualify for Department of Veterans Affairs (VA) benefits and he needs the Vietnam Service Medal to qualify.  He states the Board mentioned in his previous case that to qualify for the Vietnam Service Medal "Qualifying service included attachment to or assignment for 1 or more …."  He states that he was able to locate travel documents that show he traveled to and between active duty training assignments, which is outside of the active duty training of his DD Form 214.  This should give him the "1 or more days" necessary to qualify for the Vietnam Service Medal and qualification for VA benefits based on his travel time. 

3.  The applicant states that he did not serve in Vietnam, but attended his drills with the Louisiana Army National Guard (LAARNG) which fulfilled his 6-year obligation.  In his opinion, his National Guard summer camps, where he put to use the skills learned in his "active duty for training."  To be denied the benefits and prestige of the status "VETERAN" is harsh.  

4.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with the period ending 19 July 1967; a 3-page VA Home Loan Guaranty; a 3-page VA Certificate of Eligibility; a DD Form 
215 (Correction to DD Form 214, Report of Separation from Active Duty), dated 23 May 2008; a 4-page Electronic Code of Federal Regulations, dated 3 April 

2008; a letter from E Company, 739th Maintenance Battalion Infantry Division, dated 15 March 1967; and U.S. Army Transportation Center and Fort Eustis Special Orders Number 153, dated 13 July 1967. 

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 AR20070016775, on 25 March 2008.

2.  The applicant's contentions are new arguments which will be considered by the Board.  In addition, all the evidence provided is new evidence which will be considered by the Board. 

3.  The applicant enlisted in the LAARNG on or about 31 October 1965.  He was ordered to active duty for training on 20 March 1967.  He completed basic combat training at Fort Bragg, North Carolina and advanced individual training at Fort Eustis, Virginia, where he was awarded military occupational specialty 68H (Aircraft Hydraulic Repairman).   

4.  On 19 July 1967, the applicant was released from active duty for training and returned to the LAARNG.  

5.  The applicant's DD Form 214 with the period ending 19 July 1967 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 22c (Foreign and or Sea Service) shows no entry.

6.  There are no orders in the applicant's records that show he served in Vietnam (i.e., deployment and/or TDY).

7.  Army Regulation 600-8-22 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 serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  Member of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications:

	a.  Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.
	b.  Be attached to or regularly serve for 1 or more days aboard a Naval vessel directly supporting military operations.

	c.  Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations.

	d.  Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may waived for personnel participating in actual combat operations. 

DISCUSSION AND CONCLUSIONS:

The applicant contends that he should be awarded the Vietnam Service Medal based on travel time between assignments in the Continental United Status while on active duty for training during the period 20 March 1967 through 19 July 1967. Evidence of record shows the applicant enlisted in the LAARNG and later was ordered to active duty for training for a period of 4 months and released from active duty for training to return to the LAARNG.  However, it appears he may have misunderstood the 1 day qualification for award of the Vietnam Service Medal.  The governing regulation for award of the Vietnam Service Medal states the medal is awarded to all members of the Armed Forces of the United States for serving in Vietnam and contiguous waters or airspace there over [including Thailand, Laos, and Cambodia] after 3 July 1965 through 28 March 1973.  There is no evidence and the applicant acknowledged that he did not serve in Vietnam [or any other designated location].  Therefore, he is not eligible award of the Vietnam Service Medal.

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 to amend the decision of the ABCMR set forth in Docket Number AR20070016775, dated 25 March 2008.



      _______xxxx___________
               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)                                         AR20080007154



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ABCMR Record of Proceedings (cont)                                         AR20080007154



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