BOARD DATE:	2 February 2012

		DOCKET NUMBER:  AR20110016098 


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) for the period ending                    5 September 1972 to show award of the Vietnam Service Medal.

2.  The applicant states he was on temporary duty (TDY) with Company A,        1st Transportation Corps Battalion, (Army Maintenance Depot), United States Naval Ship Corpus Christi for 90 days and docked at Da Nang and VanThal.  He further states he is suffering from diseases related to Agent Orange and needs his Vietnam service time annotated on his DD Form 214 for benefits.

3.  The applicant provides:

* 2 DD Forms 214
* Letter Orders Number 72-59
* 3 pages of his DA Form 20 (Enlisted Qualification Record)

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 30 December 1965.  He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  On      6 September 1968, he reenlisted, completed training and was awarded MOS 68G (Airframe Repairman).  On 5 September 1972, he was honorably discharged from active duty at the expiration of his term of service.  At the time of his discharge he held the rank/grade of specialist five/E-5.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time of his discharge on 5 September 1973 shows the:

* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Item 31 (Foreign Service) of his DA Form 20 contains the statement,           “Adj DEROS includes 90 days TDY RVN.”  This indicates his adjusted Date Eligible to Return From Overseas included 90 days of Temporary Duty in the Republic of Vietnam.

5.  Item 41 (Awards and Decorations) of his DA Form 20 contains the entry “VSM” issued “No.”  Which shows he was authorized the Vietnam Service Medal, but was not issued a medal set.

6.  The applicant provides Letter Orders Number 72-59, issued by Headquarters, U.S. Army Materiel Group Number 1 (Logistics Support), Corpus Christi, TX, dated 19 May 1972, which state the applicant will proceed on TDY on 22 May 1972, reporting on or about 24 May 1972, for a period of 90 days.  The TDY location is listed as Company A, 1st Transportation Corps Battalion, (Army Maintenance Depot), United States Naval Ship Corpus Christi Bay.

7.  Army Regulation 600-8-22 (Military Awards) 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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the Vietnam Ceasefire Campaign.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show award of the Vietnam Service Medal has been carefully considered.

2.  Evidence shows the applicant completed 90 days in a TDY status on board the U.S. Naval Ship Corpus Christi Bay in direct support of military operations in the Republic of Vietnam.  Based on his report date of 24 May 1972, the applicant participated in one campaign phase during this service.  Therefore, he is entitled to a bronze service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to show the service star.

3.  The ABCMR does not grant requests solely for the purpose of making the applicant eligible for veterans or medical benefits.  Every case is individually decided based upon its merits.  Additionally, the granting of veteran's benefits is not within the purview of the ABCMR.  Therefore, any questions regarding eligibility for health care and other benefits should be addressed to the Veterans Administration.

BOARD VOTE:

__X____  __X_____  _X_______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 for the period ending 5 September 1972, the Vietnam Service Medal with one bronze service star.




      _______ _   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)                                         AR20110016098



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ABCMR Record of Proceedings (cont)                                         AR20110016098



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