IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100021835
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 reconsideration of an earlier appeal to correct his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 July 1962 to show award of the Vietnam Service Medal (VSM).
2. He states, in effect, that he is submitting additional documentation to support his request for award of the VSM. He further states his radio team was sent to the Republic of Vietnam (RVN) to repair radios and to set up a warehouse for a Depot Repair Company that was coming into Vietnam from Fort Monmouth, NJ.
3. He provides:
* a copy of a U.S. of America (USA) Passport
* a copy of a Vietnamese Driver License
* a letter from the American Embassy, Saigon, General Service Branch
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090021984, on 13 July 2010.
2. The applicant provides new arguments and new evidence that requires consideration by the Board.
3. The applicant enlisted in the Regular Army on 22 September 1959 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 296.10 (Field Radio Repairman).
4. He arrived at Kadena Air Force Base, Okinawa on 22 August 1960 and was assigned to the 133rd Signal Company (Service).
5. A USA Passport shows he was issued a visa for the RVN. The passport was stamped and signed by the vice counsel of the USA Embassy, Saigon, RVN. The passport shows an entry date of 13 June 1962 and expiration date of
27 June 1962.
6. He departed Okinawa, on 17 July 1962. On 19 July 1962, he was honorably released from active duty after completing 2 years, 9 months, and 28 days of creditable active service.
7. His DD Form 214 for the period ending on 19 July 1962 does not show award of the VSM.
8. There are no orders in the applicant's records that show he served in Vietnam i.e., deployed and/or performed temporary duty (TDY).
9. Army Regulation 600-8-22 provides, in pertinent part, for award of the VSM. This medal is awarded to all members of the Armed Forces of the U.S. for serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. Member of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications:
a. Be attached to or regularly serve 1 or more days with an organization participating in or directly supporting military operations.
b. Be attached to or regularly serve 1 or more days aboard a Naval vessel directly supporting military operations.
c. Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations.
d. Serve in a TDY status 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.
DISCUSSION AND CONCLUSIONS:
The USA Passport that the applicant provided indicates he was issued a visa to go to RVN from 13 June 1962 to 27 June 1962. Unfortunately, the USA Passport he provided is insufficient evidence to show he met the eligibility criteria for award of the VSM. The governing regulation for award of the VSM states the medal is awarded to all members of the Armed Forces of the United States for serving in Vietnam and contiguous waters or airspace there over [including Thailand, Laos, and Cambodia] after 3 July 1965 through 28 March 1973. There are no orders in his records that show he was deployed to or TDY in the RVN
30 consecutive days or 60 nonconsecutive days. His record shows he served in Okinawa from 22 August 1960 through 17 July 1962. Therefore, he is not eligible award of the VSM.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090021984, dated 13 July 2010.
_______ _ __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) AR20100021835
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100021835
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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