IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120009834
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 (Report of Separation from Active Duty) to show the National Defense Service Medal and the Vietnam Support (i.e., Service) Medal.
2. The applicant states he should have been given these awards but they are not shown on his DD Form 214.
3. The applicant provides his DD Form 214.
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 16 September 1974. He completed basic combat training at Fort Polk, LA, and on 18 November 1974, he was assigned to the 3rd Battalion, 3rd Infantry Training Brigade, Fort Polk for advanced individual training (AIT).
3. He was honorably discharged from active duty on 13 January 1975 for unsatisfactory performance and conduct. He completed 3 months and 28 days of total active service.
4. The DD Form 214 he was issued shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served on active duty from 16 September 1974 to 13 January 1975. He did not serve on active duty during a qualifying period for award of the National Defense Service Medal nor did he serve in Vietnam. In addition, there is no such medal as the Vietnam Support Medal. In view of the foregoing, there is no 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) AR20120009834
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