IN THE CASE OF:
BOARD DATE: 12 NOVEMBER 2008
DOCKET NUMBER: AR20080014804
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 that he be awarded a combat ribbon for his service in Vietnam.
2. The applicant states, in effect, that he should have been awarded a combat ribbon for his service in Vietnam because he has been denied service connection for post-traumatic stress disorder due to the absence of a combat ribbon.
3. The applicant provides a copy of his DD Form 215 and his original request to have all of his awards added to his records.
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 was inducted in Los Angeles, California on 14 June 1966. He completed his basic training at Fort Ord, California, and his advanced individual training as a marine engineer at Fort Eustis, Virginia, before being transferred to Vietnam on 1 January 1967. He was assigned to the 1097th Transportation Company (Medium Boat) for duty as a marine engineer and electrician.
3. On 27 April 1967, he departed Vietnam on emergency leave for 30 days due to the illness of his mother. He did not return to Vietnam and received a compassionate reassignment to Fort McArthur, California, where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years of total active service of which 3 months and 27 days were spent in Vietnam.
4. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Expert Marksmanship Badge with Rifle Bar.
5. On 4 December 2007, a Correction to DD Form 214 (DD Form 215) was issued to the applicant adding awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.
6. A review of the applicant's official records fails to show that the applicant was awarded or entitled to be awarded any additional awards.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has not specified what combat award he believes that he is entitled to receive for his short duration of service in Vietnam, there is no evidence in his official records to show that he is entitled to a combat-related award for which he has not already been credited.
2. The applicant's contention that he needs a combat award in order to receive service connection has been noted; however, that has never been a criterion for awarding an individual a combat decoration that has not otherwise been earned.
3. Therefore, in the absence of evidence to show that he was awarded or was eligible for a combat award that he should have received for his service in Vietnam, there appears to be no basis to grant his request.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20080014804
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