IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100011332
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 his DA Form 24 (Service Record) to include his temporary duty (TDY) in Vietnam from May to September 1965. He also requests award of either the Armed Forces Expeditionary Medal or Vietnam Service Medal.
2. He states that from May 1965 he was assigned to three different units: Headquarters and Headquarters Service Battery, 11th Air Assault, 2nd Infantry Division; Headquarters and Headquarters Service Battery, 1st Battalion, 27th Artillery; and Company C, 2nd Battalion, 29th Infantry, 197th Infantry Brigade. The 1st Cavalry and 29th Infantry are not listed on his DA Form 24. He was TDY between May 1965 and 6 September 1965. This request will help with medical conditions incurred while on active duty. This service information was not necessary for medical care until recently.
3. He provides copies of the following:
* page 1 of his DA Form 24
* his Standard Form 88 (Report of Medical Examination)
* page 3 of his DA Form 20 (Enlisted Qualification Record)
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's military record shows he was inducted into the Army of the United States in pay grade E-1 on 9 September 1963. He completed basic and advanced individual training and was awarded military occupational specialty 76E (general supply specialist).
3. His DA Form 24, section 2 (Chronological Record of Military Service), shows he was assigned to Headquarters and Headquarters Service Battery, 1st Battalion, 15th Artillery, 11th Air Assault Division, Fort Benning, GA, on 24 May 1964.
4. Unit Orders Number 15, dated 16 June 1965, show he was promoted to pay grade E-4 on 16 June 1965 while assigned to Headquarters and Headquarters Service Battery, 1st Battalion, 15th Artillery, 11th Air Assault Division, Fort Benning, GA.
5. His military records and DA Form 24 do not show any service in Vietnam.
6. He was released from active duty on 8 September 1965 at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Annual Training).
7. Item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows zero credit. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
8. Army Regulation 600-8-22 (Military Awards) specifies that 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.
9. Army Regulation 600-8-22 also specifies that the Armed Forces Expeditionary Medal is authorized for participants (30 consecutive or 60 nonconsecutive days) in military operations within a specific geographic area during a specified time period. Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for this medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DA Form 24 should be corrected to show his TDY service in Vietnam and he should be awarded either the Armed Forces Expeditionary Medal or Vietnam Service Medal.
2. The applicant's military records show no evidence of his TDY in Vietnam or any service in Vietnam during his period of service and he provides no evidence (such as orders or pay records). Item 24 of his DD Form 214 shows zero credit for foreign and/or sea service. Based on the available evidence, there appears to be no discrepancy in the entries on the DA Form 24 covering his period of enlisted service.
3. Even if he did serve in Vietnam, the DA Form 24 was prepared and maintained for Active Army personnel during their active service. As he no longer has a military status, his DA Form 24 is no longer updated or maintained. Additionally, since there is no evidence of his service in Vietnam, he would not be entitled to award of the Armed Forces Expeditionary Medal or the Vietnam Service Medal.
4. In view of the foregoing, there is no basis for granting his 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) AR20100011332
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ABCMR Record of Proceedings (cont) AR20100011332
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