IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120003937
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 award of the Vietnam Service Medal.
2. The applicant states he was overseas on the date of eligibility for this medal. He was a member of the 2nd Airborne Battle Group, 503rd Infantry.
3. The applicant provides a letter from the National Personnel Records Center and the criteria for this award.
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 applicants records show he enlisted in the Regular Army on 5 February 1962 and he held military occupational specialty (MOS) 723.17 (Communications Center Specialist).
3. Subsequent to completion of MOS training, he served in Okinawa from
9 August 1962 to 16 January 1964. He was assigned to Headquarters and Headquarters Company, 2nd Airborne Battle Group, 503rd Infantry; and the 173rd Airborne Brigade.
4. Section 4 (Chronological Record of Military Service) and Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) do not show he served in Vietnam.
5. There are no temporary duty station orders, reassignment orders, or other directives that confirm his service in Vietnam.
6. He was honorably released from active duty on 8 February 1965. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 3 years of creditable active service during this period.
7. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal was established on 8 July 1965. It is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over 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 Vietnam are also eligible for this award. To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications: (1) be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations; (2) be attached to or regularly serve for 1 or more days aboard a Naval vessel directly supporting military operations; (3) actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations; or (4) serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.
8. Army Regulation 600-8-22 provides, in pertinent part, for the definition of direct support. It states that direct support occurs when services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided, involve actually entering the designated area of eligibility. This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show he served in Okinawa from 9 August 1962 to 16 January 1964. There is no evidence he served in Vietnam for 1 or more days with an organization participating in or directly supporting military operations or that he served on temporary duty 30 consecutive days or 60 nonconsecutive days in Vietnam.
2. Direct support occurs when services being supplied to participating forces in the area of eligibility involve actually entering the designated area of eligibility. Regretfully, there is insufficient evidence to show the applicant met the criteria for award of the Vietnam Service Medal.
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) AR20120003937
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