IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080009715
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending
22 November 1973 to show service in Vietnam.
2. The applicant states, in effect, that he served in Vietnam at Camp Alpha in DaNang in 1973 for 3-4 months. He was originally assigned to the Army Hospital at Camp Hue, Okinawa and was sent on temporary duty (TDY) as part of Operation Golden Flow to Vietnam.
3. The applicant provides his DD Form 214 and four photos of himself and fellow Soldiers apparently in Vietnam.
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 in the Regular Army on 30 November 1970 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 92B (Medical Laboratory Specialist).
3. The applicant arrived in Okinawa and was assigned to the U.S. Army Hospital on or about 19 February 1972.
4. The applicant provided four photos of himself and fellow Soldiers apparently in Vietnam.
5. There are no orders in the applicant's records that show he served in Vietnam (i.e., deployment and/or TDY).
6. The applicant departed Okinawa in November 1973. On 22 November 1973, he was honorably released from active duty after completing 2 years, 11 months, and 23 days of creditable active service with no time lost.
DISCUSSION AND CONCLUSIONS:
The applicant provided photos that apparently show he was in Vietnam. However, the photos are not enough proof to show he served in Vietnam and there is no evidence such as morning report entries or completed travel vouchers, in his records that show he served in Vietnam during his term of service. Therefore, there is insufficient evidence to change his DD Form 214.
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.
______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) AR20080009715
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080009715
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080007555
IN THE CASE OF: BOARD DATE: 16 October 2008 DOCKET NUMBER: AR20080007555 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Republic of Vietnam Campaign Medal and the "Okinawa Ribbon."
ARMY | BCMR | CY2010 | 20100027638
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. With respect to the Vietnam Service Medal, the evidence of record shows the applicant was assigned to Okinawa. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the...
ARMY | BCMR | CY2011 | 20110019624
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 for the periods ending 1 July 1970 and 2 April 1973 * DA Form 20 (Enlisted Qualification Record) * Letter from the Office of the Chief of Transportation * Letter from a former chief * Extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit) CONSIDERATION OF EVIDENCE: 1. Although the detachment may have sailed out of...
ARMY | BCMR | CY2012 | 20120006528
The applicant states there is no record on file of him serving in these countries except the records he provides with this application. Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2011 | 20110025145
The applicant provides: * DD Form 214 * his Leave and Earnings Statement (LES) for the period 1 - 30 April 1972 * a MAC Transportation Authorization, dated 24 May 1973 * temporary duty (TDY) orders, dated 22 May 1972, from Headquarters, 160th Signal Group * envelopes he used to send mail home from RVN * a portion of a letter to his parents CONSIDERATION OF EVIDENCE: 1. He completed 1 year, 11 months, and 29 days of active service that was characterized as honorable. Based on his service in...
ARMY | BCMR | CY2010 | 20100021824
The applicant requests, in effect, correction of his 201 File (Military Personnel Records Jacket (MPRJ)) by: * including his temporary duty (TDY) orders for Vietnam * showing he was awarded the Army Good Conduct Medal * removing a Criminal Investigation Division (CID) report 3. There is nothing in the available records and he did not provide any evidence to show he was issued TDY orders for Vietnam or that he served in Vietnam during any of his three periods of active duty. There is also...
ARMY | BCMR | CY2009 | 20090017434
There is no evidence of record which shows the applicant served in Vietnam. However, there is no evidence of record which shows he actually went to Vietnam. Therefore, there is insufficient evidence on which to base Vietnam service awards.
ARMY | BCMR | CY2010 | 20100027020
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.
ARMY | BCMR | CY2010 | 20100015326
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show service in Vietnam and award of the appropriate awards and decorations. The applicant has not provided and the record contains no evidence that he served in Vietnam either on permanent orders or under temporary duty considerations for the required periods to receive any of the "Vietnam" awards. The applicant has not provided and the record contains insufficient evidence to show that he...
ARMY | BCMR | CY2008 | 20080007154
IN THE CASE OF: BOARD DATE: 19 August 2008 DOCKET NUMBER: AR20080007154 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In addition, all the evidence provided is new evidence which will be considered by the Board. 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.