IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120002143
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 National Defense Service Medal and the Vietnam Service Medal.
2. The applicant states the awards that he received during his military service are missing from his DD Form 214.
3. The applicant did not provide any evidence.
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 U.S. Army Reserve (USAR) on 29 December 1966. He entered active duty for training (ACDUTRA) on 11 March 1967 and he completed basic combat and advanced individual training at Fort Leonard Wood, MO. He was awarded and he held military occupational specialty (MOS) 62A (Engineer Equipment Assistant).
3. He was honorably released from ACDUTRA on 11 July 1967 to the control of his USAR unit. The DD Form 214 he was issued shows he completed 4 months and 1 day of total active service. This form also shows in:
* item 18f (Foreign and/or Sea Service This Period) he did not complete any foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; it does not show any Vietnam service-related awards
4. Subsequent to his release from active duty, he served with multiple troop program units of the USAR. He was ultimately discharged from the USAR on 13 October 1971.
5. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not list any foreign service. Additionally, item 38 (Record of Assignments) does not show he served in Vietnam.
6. There are no permanent change of station (PCS) orders, temporary duty (TDY) orders, or any other official documents in his service record that show he was ordered to or served in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Members of other than the Selected Reserve who were called to active duty will also be eligible. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal:
a. any service member on active duty for the sole purpose of undergoing a physical examination; or
b. any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.
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. 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. With respect to the Vietnam Service Medal, there is no evidence in the applicant's records and he did not provide any evidence that shows he served in Vietnam.
2. The applicant entered active duty for training on 11 March 1967 and he was released from active duty for training on 11 July 1967. By regulation, during a qualifying period, service members whose active duty service was for training only are ineligible for the National Defense Service Medal.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120002143
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ABCMR Record of Proceedings (cont) AR20120002143
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