IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090017434
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 awards and decorations for service in Vietnam.
2. The applicant states he was on temporary duty (TDY) to Vietnam twice.
3. The applicant provides TDY orders in support of his application.
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 June 1972 for a period of 3 years. He served as a marine engineer and was released from active duty on 2 July 1975 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 (Report of Separation from Active Duty) shows the National Defense Service Medal, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. There is no evidence of record which shows the applicant served in Vietnam.
5. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Far East Pacific Area - Ryukyu Islands from 23 April 1974 through 5 January 1975. Item 35 (Record of Assignments) of this form shows he was assigned to the U.S. Army Transportation Activity and the 389th Transportation Detachment in Okinawa from 26 April 1974 to 5 January 1975.
6. In support of his claim, the applicant provided orders which show he was placed on TDY and authorized repeated travel (two trips) for TDY to the Philippines, Taiwan, Hong Kong, Korea, Vietnam, and Japan during the period 1 November 1974 to 31 December 1974.
7. Army Regulation 600-8-22 (Military Awards) 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 qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
8. Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960). This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he was TDY to Vietnam twice and the orders which show he was placed on TDY and authorized repeated travel (two trips) for TDY to the Philippines, Taiwan, Hong Kong, Korea, Vietnam, and Japan during the period 1 November 1974 to 31 December 1974 were noted. 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.
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) AR20090017434
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ABCMR Record of Proceedings (cont) AR20090017434
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