BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021727
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).
2. The applicant states, in effect, that he was involved in moving equipment from Saigon, South Vietnam to Fort Campbell, Kentucky in 1975 and he believes he should be awarded the VSM and be considered a Vietnam veteran. He goes on to state the support staff at Fort Campbell was very limited; therefore, he does not think all of his activities were documented.
3. The applicant provides no additional documents with his application.
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 enlisted in the Regular Army on 21 February 1974 for a period of 3 years and training as a voice radio operator. He completed basic training at Fort Jackson, South Carolina and advanced individual training at Fort Dix, New Jersey before being transferred to Fort Campbell, Kentucky on 14 June 1974 for assignment to Company A, 501st Signal Battalion.
3. The applicant received a Letter of Appreciation for his participation in Exercise Bronze Plate held in southern and central Florida during the period
18 - 25 February 1975.
4. He remained at Fort Campbell until 20 June 1975 when he was transferred to Fort Myer, Virginia where he remained until he was honorably released from active duty (REFRAD) on 18 February 1977 due to the expiration of his term of service. He had served 2 years, 11 months, and 28 days of active service and the DD Form 214 he was issued shows he was awarded the National Defense Service Medal.
5. A review of the applicants official records failed to show any indication that the applicant served in or traveled to Vietnam in any capacity during his period of service.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he assisted in the evacuation of equipment from Vietnam is not in doubt, the applicant has failed to show through the evidence of record and evidence submitted with his application any credible evidence to support his contention.
2. The official records do not contain any indication in the form of temporary duty (TDY) orders, travel vouchers, leave and earnings statements or entries indicating that he traveled to Vietnam or the period he actually served in Vietnam. Further, the eligibility period for award of the Vietnam Service Medal ended on 28 March 1973.
3. Therefore, in the absence of sufficient evidence to show that he served in Vietnam in any capacity, there appears to be no basis to grant 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) AR20110021727
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ABCMR Record of Proceedings (cont) AR20110021727
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