BOARD DATE: 17 November 2009
DOCKET NUMBER: AR20090017794
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 award of the Vietnam Service Medal.
2. The applicant states that he was in Vietnam on a secret mission for 24 days during the period December 1973 to January 1974.
3. The applicant provides a DD Form 214 (Report of Separation from Active Duty) for the period ending 22 October 1976; DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 26 March 1982 and 3 August 1992; and a letter, dated 6 June 2009, from a Member of Congress 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 (RA) on 29 October 1973 for a period of 3 years. He trained as a wheel vehicle mechanic and he was released from active duty on 22 October 1976.
3. Item 6 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 22 October 1976 shows the National Defense Service Medal, Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. His DD Form 214 shows he served in the United States Army, Europe (USAREUR) for 1 year and 23 days.
4. There is no evidence of record which shows the applicant served in Vietnam.
5. The applicant subsequently served in the U.S. Army Reserve (USAR), the RA, and the Nevada Army National Guard (NVARNG).
6. 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 and contiguous waters or airspace there over, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was in Vietnam on a secret mission for
24 days during the period December 1973 to January 1974 was noted. However, the period of qualifying service for award of the Vietnam Service Medal was only after 3 July 1965 through 28 March 1973.
2. Since there is no evidence of record which shows the applicant served in Vietnam after 3 July 1965 or any time through 28 March 1973, there is insufficient evidence on which to base award of the Vietnam Service Medal in this case.
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.
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