IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080019527
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 she be awarded the Vietnam Service Medal.
2. The applicant states, in effect, that based on her duties as an intensive care and triage nurse assigned to the 249th General Hospital in Japan, she served in direct support of operations in Vietnam is eligible for the Vietnam Service Medal. She also contends that she served under Tope Secret temporary duty (TDY) orders in Vietnam on several occasions setting up and running battle aid stations within walking distance of battlefields.
3. The applicant provides copies of her Army Nurse Corps Diploma, Nursing Registry, two Letters of Commendation, four Letters of Appreciation, a copy of the Vietnam Service Medal criteria, an internet printout of several unit histories including the history of the 249th General Hospital in Japan, and a history of the Army Nurse Corps.
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 Army Reserve (USAR) on 20 August 1963 as a student nurse. She served in this capacity until she was discharged to receive a commission on 18 October 1964.
3. She was commissioned a second lieutenant in Army Nurse Corps officer on 19 October 1964.
4. The record shows she served in Japan with the 249th General Hospital from 16 December 1965 through 28 September 1966.
5. The applicant was released from active duty and returned to her USAR position on 1 October 1966.
6. The letters of appreciation and commendation provide by the applicant do not refer to any service in Vietnam, TDY orders, or special projects other than setting up a medical-surgical convalescent section at the 249th General Hospital
7. The unit histories provided by the applicant contain no evidence that the units highlighted by the applicant had personnel serving in Vietnam or that anyone in the units was entitled to or received the Vietnam Service Medal.
8. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. Members 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that based on her duties as an intensive care and triage nurse assigned to the 249th General Hospital in Japan she served in direct support of operations in Vietnam is eligible for the Vietnam Service Medal.
2. In order to qualify for award of the Vietnam Service Medal, a Soldier had to either be serving in Vietnam or if in Thailand, Laos, or Cambodia, in a position in direct support of operations in Vietnam.
3. The applicant served as a nurse and was stationed in Japan. While her position did directly support Soldiers wounded in Vietnam, there is insufficient evidence to show she physically served in Vietnam, Thailand, Laos, or Cambodia as required for award of the Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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.
_______ _ X _______ ___
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) AR20080019527
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ABCMR Record of Proceedings (cont) AR20080019527
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