IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100018972
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Vietnam Service Medal (VSM) and the Vietnam Campaign Medal (VCM).
2. The applicant states he was on temporary duty (TDY) in Vietnam from May to November 1972 in Pleiku, Phu Bai and Danang. He adds that from January to March 1973 he was assigned to the 509th Radio Research Field Station.
3. The applicant provides his DD Form 214, a DA Form 662 (Request and Authorization for Military Personnel Travel), a page from his DA Form 20 (Enlisted Qualification Record), and a letter of appreciation with forwarding endorsements.
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 applicants military records show that he enlisted in the Regular Army on 30 July 1970, was awarded the military occupational specialty of construction surveyor, and was promoted to pay grade E-4.
3. The DA Form 662 provided by the applicant shows that he was ordered to TDY with a to proceed date of 5 September 1972. He was to go to Vietnam, Germany, and Turkey.
4. The applicant's DA Form 20, Item 38 (Record of Assignments) shows that he was reroute to Vietnam on TDY on 5 August 1972 and then performed TDY in Korea and Thailand. (It is presumed that the entry should have been 5 September 1972. The entries preceding this entry are 3 July 1972, 6 August 1972, and 14 August 1972. The entries following this entry are 27 November 1972 and 13 February 1973).
5. Army Regulation 600-8-22 (Military Awards) provides for award of the VSM. This 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.
6. This regulation also provides that the VCM, a foreign award, was awarded to individuals who served in Vietnam for at least 6 months during the period 1 March 1961 to 28 March 1973, inclusive.
DISCUSSION AND CONCLUSIONS:
1. The applicant's TDY orders and DA Form 20 verify that he served TDY in Vietnam for about 2 months and 21 days. As such, he is entitled to the VSM.
2. Since he did not serve 6 months or longer in Vietnam, he is not entitled to the VCM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the VSM to the applicant's DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the VCM.
__________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) AR20100018972
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ABCMR Record of Proceedings (cont) AR20100018972
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