BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090018886
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 her records to show award of the Vietnam Service Medal.
2. The applicant states that she feels she may be eligible for award of the Vietnam Service Medal based on her service in Okinawa from May 1971 to June 1972.
3. The applicant provides a copy of her assignment orders to the U.S. Army Hospital Ryukyu, located in Okinawa.
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 1 December 1969, the applicant was appointed as a second lieutenant (1LT)/O-2, Army Nurse Corps, and concurrently ordered to active duty.
3. On 21 April 1971, the applicant departed Fort Devens, MA for duty in Okinawa.
4. On 17 May 1971, the applicant was assigned for duty as a staff nurse with the U.S. Army Hospital Ryukyu. She served with this organization until 4 November 1972, when she returned to the United States.
5. On 13 August 1973, the applicant was honorably discharged. She had attained the rank/grade of captain (CPT)/O-3, and had completed 3 years,
8 months, and 13 days of creditable active service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the National Defense Service Medal.
7. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her service in Okinawa in 1971 and 1972 may qualify her for award of the Vietnam Service Medal.
2. The evidence of record clearly shows that the applicant served as a nurse in Okinawa from 17 May 1971 to 4 November 1972. However, the Vietnam Service Medal is not authorized for this service location.
3. There is no evidence of record showing that the applicant served at anytime in a qualifying area of eligibility location for award of the Vietnam Service Medal.
4. In view of the above, the applicant's request should be denied.
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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