BOARD DATE: 22 September 2009
DOCKET NUMBER: AR20090007921
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 the records of her deceased husband, a former service member (FSM), to show that he served in Vietnam.
2. The applicant states that her husband stated that he served in Vietnam and that she checked all of his records and could not find anything to show to officials at the Veterans Administration that proves her husband served in Vietnam.
3. The applicant provides a copy of her Certificate of Marriage to the FSM; a copy of the FSMs Certificate of Death; and a copy of the FSMs DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 January 1968.
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. On 30 December 1947, the applicant enlisted in the U.S. Army in Oklahoma City, Oklahoma, for 3 years, in the pay grade of E-1. He successfully completed his training as an administrative specialist. He remained on active duty through a series of continuous reenlistment and extensions.
3. Item 31 (Foreign Service) of the applicants DA Form 20 (Enlisted Qualification Record) shows that he served in Japan from 24 May 1948 through 26 November 1951; he served in Korea from 18 December 1954 through 1 August 1955; and he served in Germany from 14 November 1961 through 27 September 1963.
4. After completing 20 years, 1 month and 1 day of net active service, the applicant was honorably released from active duty (REFRAD) due to obtaining sufficient service for retirement. He was transferred to the United States Army Reserve Control Group (Retired).
5. A review of the available records does not show that the applicant ever served in Vietnam while he was in the Army.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the records of her deceased husband should be corrected to show that he served in Vietnam.
2. Her contentions have been noted. However, there is no evidence in the available record, nor has the applicant submitted any evidence, to show that the FSM served in Vietnam at any time during his 20 plus years of service in the U.S. Army.
3. His records show that while he was in the Army his foreign service included Japan, Korea and Germany. In the absence of evidence to the contrary, it must be presumed that his records are correct in regard to his foreign service.
4. 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 has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicants request.
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) AR20090007921
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110004008
There is no evidence of record which shows the FSM served in Vietnam. Evidence of record shows the FSM served in Korea 1 year and 1 month. Regrettably, there is insufficient evidence on which to amend his DD Form 214 to show he served in Vietnam.
ARMY | BCMR | CY2001 | 2001055860C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The military records of the FSM show: However, there is no evidence to show that he did serve in Korea.
ARMY | BCMR | CY2004 | 2004101795C070208
Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214. Only one National Defense Service Medal is recorded on the FSM's Officer Qualification Record and, neither the National Defense Service Medal nor the National Defense Service Medal, with oak leaf cluster, have ever been shown on any of the FSM's separation documents. As a result, the Board...
ARMY | BCMR | CY2010 | 20100013122
Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The FSM was awarded the VSM, and his records show he participated in four campaigns while serving in Vietnam. The evidence of record shows the applicant was awarded the KSM, but does not show he received campaign credit for service in Korea.
ARMY | BCMR | CY2013 | 20130012759
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the: * World War II Victory Medal * Navy Occupation Medal with Europe Clasp * Bronze Star Medal (BSM) * Army Commendation Medal (ARCOM) * Purple Heart * National Defense Service Medal (NDSM) with bronze service star * Korean Service Medal (KSM) with 3 bronze service...
ARMY | BCMR | CY2005 | 20050013388C070206
The applicant requests, as the wife of a deceased former service member (FSM), that her late husband's military records be corrected to show that he was awarded the Purple Heart and the Good Conduct Medal. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2006 | 20060002951C070205
However, the evidence of record does establish that the FSM is entitled to be awarded the KDSM and to have his records corrected to show awards of the RVNGC w/Palm Unit Citation, one silver service star for wear on his already awarded VSM, the ROKPUC, and the Marksman Marksmanship Badge with rifle bar. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively...
ARMY | BCMR | CY2007 | 20070004984C071029
This case is being considered using reconstructed records that consists primarily of the FSM's separation document (DD Form 214), the NPRC file on the FSM, and documents provided by the applicant. Item 24a(3) of the FSM's DD Form 214 shows he completed a total of 2 years, 10 months, and 24 days of active military service. The version of the regulation in effect at the time of the applicant's separation contained instructions for completing Item 24c and stated that the total active duty...
ARMY | BCMR | CY2008 | 20080013274
There are no general orders in the available records which show that the applicant was awarded the Purple Heart. The applicant's records show that he was awarded the Vietnam Service Medal. Evidence shows that the FSM participated in two campaigns during his service in the Republic of Vietnam.
ARMY | BCMR | CY2010 | 20100022261
The applicant requests the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), be corrected to show his foreign service in Vietnam. Additionally, item 38 (Record of Assignments) shows he served with HHC, 2nd Brigade, 299th Infantry, U.S. Army Pacific Command (USARPAC), Hawaii. DISCUSSION AND CONCLUSIONS: The evidence of record shows, subsequent to completing basic and advanced individual training at Fort...