IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100010338
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal.
2. The applicant states the correction was not made until after he was discharged from active duty.
3. The applicant submitted an untitled document 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 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. 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on
28 November 1961. He completed training and he was awarded military occupational specialty (MOS) 733.10 (accounting specialist). He was honorably released from active duty on 27 November 1963 by reason of expiration of term of service, after completing a total of 2 years of active service. His DD Form 214 for this period contains the following entries:
* item 24c (Foreign Service and/or Sea Duty) the entry "0 0 0" [years, months, days]
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal and the Expert Marksmanship Qualification Badge with Rifle Bar
3. The applicant's DA Form 24 (Service Record), section 3 (Service Outside Continental United States) does not show any overseas service. Section 7 (Combat Record) does not show he participated in any battles or campaigns.
4. The applicant enlisted in the Regular Army on 12 March 1970. His DD Forms 214 during this period shows he reenlisted and served during the following periods:
* 12 March 1970 - 12 December 1972
* 13 December 1972 - 23 December 1975
* 24 December 1975 - 19 September 1979
5. Item 5 (Overseas Service) of his DD Form 2-1 (Personal Qualification Record) shows he served in the following overseas locations:
* Okinawa from 21 November 1971 through 20 May 1973
* Korea from 6 October 1976 through 29 September 1977
* Korea from 7 December 1978 through 18 September 18 September 1979
6. On 19 September 1979, he was honorably discharged after serving for a total of 11 years, 6 months, and 16 days. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Good Conduct Medal, Army Commendation Medal, National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
7. The applicant submitted an untitled document which appears to be a Department of Veteran Affairs printout and states "Vietnam Service."
8. 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. Qualifying service also included temporary duty for 30 consecutive days or
60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record nor did the applicant submit any evidence showing he served in a qualifying area during a qualifying period of service for entitlement to the Vietnam Service Medal. The untitled document submitted by the applicant states "Vietnam Service"; however, there is no corroborating evidence available to show he actually served in a qualifying location for the Vietnam Service Medal. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20100010338
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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