IN THE CASE OF:
BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20100027400
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, in effect, correction of his military records to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
2. He states, in effect, the above awards were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 March 1971.
3. He provides no additional documentation in support of this case.
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 was inducted into the Army of the U.S. on 17 March 1969, he successfully completed the training requirements, and he was awarded military occupational specialty 36K (Field Wireman).
3. He arrived in the Federal Republic of Germany (FRG), U.S. Army Europe (USAREUR) and he was assigned to C Battery, 1st Battalion, 35th Artillery on
15 August 1969. On 15 April 1970, he was reassigned to C Battery, 2nd Battalion, 33rd Artillery. He departed USAREUR on 6 March 1971.
4. On 16 March 1971, the applicant was honorably released from active duty after completing 2 years of creditable active service. Item 22c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 17 March 1971 shows the entry "USAREUR 1 YEAR, 7 MONTHS, and 0 DAYS."
5. Item 31 of his DA Form 20 (Enlisted Qualification Record) shows he was assigned in the FRG for the period 15 August 1969 through 6 March 1971. There is no evidence in his military records that shows the applicant served in the RVN or provided direct support to the RVN
6. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN after
3 July 1965 through 28 March 1973. Members 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 the RVN, are also eligible for this award.
7. Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal. This medal was awarded by the Government of the RVN to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in the RVN 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 RVN and Armed Forces.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant served in the FRG from 15 August
1969 through 6 March 1971. He has not provided evidence which shows he served a period of qualifying service in the RVN, or that while serving in the FRG he served in direct support of operations in the RVN. Therefore, there is insufficient evidence to show he is eligible for award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960). In view of the foregoing, there is no basis for granting the applicant's 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) AR20100027400
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ABCMR Record of Proceedings (cont) AR20100027400
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