IN THE CASE OF:
BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20100000330
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, through a member of Congress, correction of his records to show his service in Laos and Cambodia.
2. The applicant states the following:
* He was awarded the Armed Forces Expeditionary Medal and the Army of Occupation Medal
* He was in Laos and Cambodia
* He needs [the correction] to be eligible for Department of Veterans Affairs benefits
3. The applicant provides the following documents in support of his application:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)
* List of campaigns and expeditions which qualify for Veterans preference
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 28 July 1961.
3. Block 31 (Foreign Service) of his DA Form 20 does not show he served in Laos or Cambodia.
4. His DA Form 20 shows he completed foreign service in U.S. Army Europe (USAREUR) from 9 July 1962 through 15 January 1963.
5. Section 9 (Medals, Decorations, and Citations) on his DA Form 24 shows he was awarded the Armed Forces Expeditionary Medal and the Army of Occupation Medal for operations in Berlin, Germany.
6. His service personnel records do not contain orders which indicate he served in Laos or Cambodia.
7. The applicant was released from active duty on 27 July 1963.
8. Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he completed 6 months and 8 days of foreign service in USAREUR.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version in effect at the time directed that total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 24c.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in Laos and Cambodia. However, the evidence of record does not support his claim.
2. The applicants service record does not contain orders which show he served in Laos or Cambodia. His DA Form 20 and DA Form 24 show he completed service in Germany and was awarded the Armed Forces Expeditionary Medal and the Army of Occupation Medal for operations in Berlin.
3. In the absence of sufficient evidence, 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) AR20100000330
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100000330
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022206
c. The RVN Campaign Medal with Device (1960) 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. The evidence of record confirms he served an honorable period of active duty service between 18 March 1963 and 7 March 1966; therefore, he is entitled to award of the NDSM and to have this award added to his DD Form 214. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100019419
Unfortunately, there is no evidence of record and he has not provided evidence that shows A Troop, 2nd Recon Squadron, 8th Cavalry, 1st Battle Group, 22nd Infantry was assigned in Berlin for 30 days to be awarded the Army of Occupation Medal with Germany Clasp. Therefore, there is no evidence to show he is eligible for award of the Army of Occupation Medal with Germany Clasp. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2014 | 20140007859
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was awarded the Armed Forces Expeditionary Medal for service in the Dominican Republic and based on his pay, medical, and jump records he served in the Dominican Republic...
ARMY | BCMR | CY2009 | 20090001935
The applicant requests, in effect, that he be awarded the Armed Forces Expeditionary Medal and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 shows that during the period he was ordered to active duty he had no overseas service. The evidence shows the applicant served on active duty for the period from 23 April 1959 through 12 April 1961 and for the...
ARMY | BCMR | CY2003 | 2003087772C070212
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1963 to 1 August 1969 be corrected: to show his Vietnam service; to show award of the Vietnam Service Medal (VSM); and to show that he received campaign participation credit for two campaigns -- Counteroffensive Phase II and III. Records show the applicant should have discovered the error or injustice now under consideration on 1 August 1969; therefore, the...
ARMY | BCMR | CY2010 | 20100000516
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his one year of service in the Republic of Vietnam and the receipt of any Vietnam service medals to which he is entitled as a result of this foreign service. Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards. Records show he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.
ARMY | BCMR | CY2013 | 20130008713
Application for correction of military records (with supporting documents provided, if any). The applicant states he was called to active duty with the U.S. Army Reserve (USAR) during the Berlin crisis from 1 October 1961 to 11 August 1962. The applicant provides: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * a Certificate of Appreciation from the Secretary of the Army CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2013 | 20130003619
The applicant requests correction of his record to show awards associated with his service in Vietnam. The applicant's record is void of any evidence to show he was assigned or attached to a unit in Vietnam, Thailand, Laos, or Cambodia during his active duty or USAR service. 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.
ARMY | BCMR | CY2013 | 20130016763
Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The applicant served honorably from 14 August 1964 to 20 July 1967. As a...
ARMY | BCMR | CY2011 | 20110010044
The applicant requests award of the Army of Occupation Medal (AOM) with Germany Clasp and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in Germany. His DA Form 24 (Service Record) shows the following: a. in section 4 (Chronological Record of Military Service) that he was assigned to Headquarters Company, 1st Battle Group, 38th Infantry Regiment, during his tour of duty in Germany and b. in section 5 (Service Outside...