BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100015326 


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 DD Form 214 (Report of Separation from Active Duty) to show service in Vietnam and award of the appropriate awards and decorations.

2.  The applicant states that he served in Vietnam, but that his DD Form 214 does not show this fact.  He was not awarded any of the appropriate medals or decorations for his service in Vietnam.

3.  The applicant provides copies of his DD Form 214; a Letter of Appreciation; 2 photos; Letter Orders Number T-334; one page of a Criminal Investigation Division (CID) report; and two pages from the Federal Benefits for Veterans, Dependents, and Survivors booklet.

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 enlisted in the Regular Army on 22 July 1971.  He completed training and he was awarded military occupational specialty 61B (Watercraft Operator).

3.  His DA Form 20 (Enlisted Qualification Record) shows his foreign/sea service as an assignment to the 389th Transportation Detachment in Okinawa from 16 March 1972 through 12 September 1973.

4.  The applicant received a Letter of Appreciation to the crew of the U.S. Army Vessel Large Tug 579 (USAV LT 579), dated 13 April 1973, from the departing commander. 

5.  U.S. Army Base Command, Okinawa Letter Orders Number T-334, dated 14 February 1973, show the applicant was assigned to the 389th Transportation Detachment on temporary orders.  The location of this temporary duty is not noted on the orders.

6.  A page from a CID report shows the applicant had purchased several bags of marijuana in Vietnam and taken them back onboard "the ship."  On 17 July 1972, the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for possession and introduction of marijuana onboard a military ship.

7.  On 19 July 1972, the applicant received NJP for being absent without leave (AWOL) for three days.  His place of duty is shown as onboard the USAV LT 579 located at White Beach, Okinawa.

8.  The applicant was honorably released from active duty on 24 July 1974.  His DD Form 214 shows he had 1 year, 5 months, and 27 days of foreign and/or sea service.  Item 27 (Remarks) of his DD Form 214 shows the entry "Okinawa" with no further clarifying information.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar.

9.  The record contains no evidence that the applicant was assigned to any permanent duty position, had temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or contiguous areas, or served in direct combat support to the Republic of Vietnam.

10.  Army Regulation 600-8-22 (Military Awards) provides the following information:

	a.  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 permanent 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; and

	b.  the Republic of Vietnam 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.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

11.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he served in Vietnam, but that his DD Form 214 does not show this fact.  He was not awarded any of the appropriate medals or decorations for his service in Vietnam.

2.  While assigned to the tug, USAV LT 579, the only indication that he was in Vietnam is the CID report for illegal drugs.  However, this reference is insufficient to validate a temporary duty assignment in Vietnam, or if accepted as an indication of Vietnam service, what the period of this assignment might have been.
3.  The applicant has not provided and the record contains no evidence that he served in Vietnam either on permanent orders or under temporary duty considerations for the required periods to receive any of the "Vietnam" awards.

4.  The applicant has not provided and the record contains insufficient evidence to show that he served in Vietnam, either on permanent orders or under temporary duty considerations, to warrant a correction of the record to show a period of foreign service in Vietnam.  

5.  In view of the foregoing, there is insufficient 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)                                         AR20100015326



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ABCMR Record of Proceedings (cont)                                         AR20100015326



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