BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100022424
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 February 1970 to show he served in Vietnam and he was awarded the Vietnam Service Medal.
2. He states he went from Schweinfurt, Germany to the 83rd Transportation Unit, Wonder Beach, Vietnam in a temporary duty (TDY) status. He was unaware that the Vietnam Service Medal should be issued to him. He also states his Military Personnel Records Jacket should be checked to validate his request.
3. He provides no additional evidence.
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 applicant's military record show he was inducted into the Army of the United States on 2 May 1968. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Germany from September 1968 to February 1970.
3. His records do not show he served in Vietnam during this period of active service.
4. He was honorably released from active duty on 4 February 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
5. He was issued a DD Form 214 crediting him with completion of 1 year, 9 months, and 3 days of net active service and 1 year, 4 months, and 5 days of foreign service in U.S. Army Europe [USAREUR].
6. Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Vietnam Service Medal.
7. He enlisted in the USAR on 17 April 1977 and served continuously in the USAR through several reenlistments.
8. He was ordered to active duty and entered active duty on 25 January 1991. He was honorably released from active duty on 20 March 1991 at the expiration of his term of service. He was issued a DD Form 214 crediting him with completion of 1 month and 26 days of net active service and zero foreign service credit.
9. He was assigned to the Retired Reserve on 30 November 1994.
10. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. The regulation stated Item 22c (Foreign and/or Sea Service) would list the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed.
11. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal was 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Germany from September 1968 through February 1970 for a total of 1 year, 4 months, and
5 days. Item 22c of his DD Form 214 for the period ending 4 February 1970 properly shows the total amount of active service outside the U.S. and the overseas theater for the period covered by the DD Form 214.
2. There is no evidence of record and he provided none to show he served in Vietnam during the period covered by the 1970 DD Form 214. There is also no evidence to show he completed a qualifying period of service for award of the Vietnam Service Medal. In the absence of evidence, 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) AR20100022424
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ABCMR Record of Proceedings (cont) AR20100022424
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