IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100024003
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Campaign Medal.
2. The applicant states he served in Vietnam for 6 months and he should have been awarded the Vietnam Campaign Medal.
3. The applicant provides a copy of his previous Record of Proceedings.
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 records show he enlisted in the Regular Army on 7 March 1966 for a period of 4 years. He held military occupational specialty (MOS) 31E (Field Radio Repairman).
3. Subsequent to completion of MOS training, he was reassigned to Korea. He served with Operations Company, 177th USASA (U.S. Army Security Agency) from 29 November 1966 to 18 December 1967.
4. He also served with USASA - Pacific (Hawaii) from on or about 26 September 1968 to on or about 8 January 1970. He was honorably released from active duty on 12 January 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he completed 1 year and 19 days of foreign service in Korea.
5. He previously provided three TDY (temporary duty) orders:
a. Letter Orders Number 11-3-68, issued by Headquarters, USASA Pacific, dated 1 November 1968, authorizing him and other Soldiers TDY travel to Thailand and Vietnam for a period of approximately 64 days with a will proceed date of on or about 6 November 1968.
b. Letter Orders Number 1-4-69, issued by the same headquarters, USASA Pacific, dated 2 January 1969, amending the TDY period in the previous orders from approximately 64 days to approximately 124 days.
c. Letter Orders Number 5-84-69, also issued by the same headquarters, dated 13 May 1969, authorizing him and other Soldiers TDY travel to Thailand and Vietnam for a period of 94 days with a will proceed date of on or about 15 May 1969.
6. On 24 November 2009, the Board granted him partial relief in that the evidence did not confirm his exact dates or length of service in Vietnam but there was sufficient evidence to conclude he served in Vietnam which entitled him to the Vietnam Service Medal. However, the Board denied the portion of the applicant that pertained to listing his service in Vietnam on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960). It is 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was assigned to USASA - Pacific. The letter orders he provided authorized him TDY travel from Hawaii to Thailand and Vietnam on two occasions. Although these orders confirm he served in Vietnam and entitled him to award of the Vietnam Service Medal, his dates of departure from and return to Hawaii, arrival to and departure from Thailand, and arrival to and departure from Vietnam cannot be determined.
2. It is unclear if he performed a minimum of 6 months of service in Vietnam to qualify for award of the Vietnam Campaign Medal. In the absence of additional documentary evidence that confirms his dates of arrival and/or departure from each location there is insufficient evidence to award him the Vietnam Campaign Medal.
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) AR20100024003
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100024003
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090009149
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides, in support of his application, a statement of support from a former Soldier who attests to the applicants TDY (Temporary Duty) status in Vietnam, along with copies of his travel settlement documents, military pay voucher, and DD Form 214; a copy of his (the applicant's) DD Form 214; and a statement from a Veterans' Services Coordinator attesting to the believability of the supporting statement. The statement...
ARMY | BCMR | CY2008 | 20080004670
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that he twice served in Vietnam under temporary duty (TDY) orders. There is no information in the available records showing that the applicant actually completed any part of these TDY assignments.
ARMY | BCMR | CY2010 | 20100027638
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. With respect to the Vietnam Service Medal, the evidence of record shows the applicant was assigned to Okinawa. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the...
ARMY | BCMR | CY2012 | 20120006528
The applicant states there is no record on file of him serving in these countries except the records he provides with this application. Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2013 | 20130003619
The applicant requests correction of his record to show awards associated with his service in Vietnam. The applicant's record is void of any evidence to show he was assigned or attached to a unit in Vietnam, Thailand, Laos, or Cambodia during his active duty or USAR service. 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.
ARMY | BCMR | CY2015 | 20150003213
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect: * he was sent to Vietnam on TDY in early December 1971 * this service was not reflected on his DD Form 214 * TDY may have been viewed as trivial at the time, but this is not the case today * he requests the Board to note his December 1971 sub-voucher initially showed the payment of hostile fire pay (HFP); it was taken away from him when he was at Oakland Army Base...
ARMY | BCMR | CY2012 | 20120016980
Application for correction of military records (with supporting documents provided, if any). His service record contains no permanent change of station orders, TDY orders, or any other official documents that shows he was ordered to or served in Vietnam from September to December 1966. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 18f shows the total active duty outside the continental limits of the United...
AF | BCMR | CY2013 | BC-2012-03274
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03274 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect entitlement to the Vietnam Service Medal (VSM). _________________________________________________________________ THE BOARD RECOMMENDS...
AF | BCMR | CY2013 | BC-2012-02464
In accordance with Department of Defense Manual (DoDM) 1348.33, the VSM is awarded to all members of the United States Armed Forces serving at any time between 4 July 1965 and 28 March 1973, in the AOE. After a thorough review of the applicant’s military service record, they found the applicant was not designated as an aircrew member and did not serve in the AOE for the required period of 60 non-consecutive days to be authorized for award of the VSM. We took notice of the applicant's...
AF | BCMR | CY1999 | BC-1998-01001
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-01001 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Vietnam Service Medal and the time he served on temporary duty (TDY) during the Vietnam Conflict. _________________________________________________________________ APPLICANT CONTENDS...