IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110013105 


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 that he be awarded the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, Overseas Service Ribbon (OSR), and Joint Service Achievement Medal (JSAM) for outstanding performance of duty from 17 March through 5 June 1969 for service in Korea and Vietnam. 

2.  The applicant states the above awards were left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) at the time of his release from active duty (REFRAD) at Oakland, California.

3.  The applicant provides copies of his DD Form 214, Department of Veterans Affairs (VA) Rating Decision, U.S. Government Motor Vehicle Operators Identification Card issued in Thailand, and Letter of Appreciation issued in Taipei, Taiwan.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 14 October 1966 for a period of 3 years.  He completed his training as a communications center specialist and served in Germany from April to October 1967 and then in Okinawa with assignment to the Strategic Communications Command from November 1967 to October 1969. 

3.  On 7 October 1969, he was honorably REFRAD at Oakland, Army Base, California as an overseas returnee.  He had served 2 years, 11 months, and 24 days of active service and he was awarded the National Defense Service Medal and Good Conduct Medal.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  

4.  He served in USAR and Army National Guard (ARNG) units and was promoted to the pay grade of E-8 on 5 December 1986 while serving as a Special Forces senior sergeant.  He was issued his 20-year letter on 18 May 1991.

5.  He deployed to Kuwait from 2 July to 28 September 2002 and on 1 August 2003 he was transferred to the Army of the United States (AUS) Retired List in the pay grade of E-8.  His DD Form 214 issued at the time of his release from active duty reflects the award of the OSR.  Therefore, since it has already been awarded and is reflected on his last DD Form 214, it will not be discussed further in these proceedings

6.  A review of his Official Military Personnel File (OMPF) failed to reveal that the applicant served in Vietnam or that he was recommended for or awarded the JSAM.  There is also no evidence to show that he was ever awarded the VSM or the Republic of Vietnam Campaign Medal. 

7.  Army Regulation 600-8-22 (Military Awards) states the Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.

8.  Army Regulation 600-8-22 states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.  

9.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he is entitled to awards of the VSM and Republic of Vietnam Campaign Medal is not in doubt, the applicant has failed to show through the evidence of record and the evidence submitted with his application that such was the case.

2.  Given the absence of sufficient evidence to show his service in Vietnam 40+ years ago, there appears to be no basis to award him the VSM and/or the Republic of Vietnam Campaign Medal at this time.

3.  The applicant’s contention that he should be awarded the JSAM for the period of March to June 1969 has also been noted and found to lack merit.  The JSAM was not created until 1983 and there were no provisions for retroactive awards of that medal.

4.  Therefore, in the absence of sufficient evidence to the contrary, there appears to be no basis to grant the applicant’s request.  









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   __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)                                         AR20110013105



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ABCMR Record of Proceedings (cont)                                         AR20110013105



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