IN THE CASE OF:	  

		BOARD DATE:	    1 October 2013

		DOCKET NUMBER:  AR20130003619 


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 record to show awards associated with his service in Vietnam.

2.  He states he served in Vietnam in 1972 and Thailand in 1971, 1973, and 1974.  He adds the National Personnel Records Center (NPRC) awarded him the Army Good Conduct Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.  He opines that he is also eligible for one or two medals related to his service in Vietnam from 8 to 22 July 1972.

3.  He provides:

* Self-authored letter, dated 28 January 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Letter from NPRC, dated 18 July 2009
* Letter Orders Number S-06-66457, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 12 June 1972
* DA Form 662 (Request and Authorization for Military Personnel Temporary Duty (TDY) Travel), Letter Order Number 201-72, dated 
27 June 1972
* DD Form 1351-2 (Travel Voucher or Subvoucher), processed on 
6 October 1972
* Army Reserve Personnel Center (ARPC) Form 249-E (Chronological Statement of Retirement Points), dated 25 March 2013

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 27 June 1960 for a period of
3 years.  He was honorably released from active duty on 15 June 1963 as an early release overseas returnee.  He completed 2 years, 11 months, and 19 days of total active service, of which 2 years, 6 months, and 28 days was listed as foreign service in the U.S. Army, Europe (USAREUR).  He was transferred to the U.S. Army Reserve (USAR).

3.  The applicant's record is void of any evidence to show he was assigned or attached to a unit in Vietnam, Thailand, Laos, or Cambodia during his active duty or USAR service.

4.  The applicant provides:

	a.  Letter Orders Number S-06-66457, dated 12 June 1972, that ordered him to annual training with a reporting date of 10 July 1972 to Headquarters, Military Assistance Command, Vietnam, for mobilization designation training for approximately 12 days.

	b.  A DA Form 662, dated 27 June 1972, that shows he was authorized TDY travel proceeding on or about 10 July 1972 for approximately 12 days for mobilization designation training.  His travel itinerary shows authorized travel from Vientiane, Laos to Saigon, Vietnam and return.


	c.  A DD Form 1351-2, processed on 6 October 1972, that shows he departed Vientiane 8 July 1972, arrived in Saigon on the same day, departed Saigon on
22 July 1972, and arrived back in Vientiane on the same day.

5.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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 TDY 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.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was mobilized for training for approximately 12 days in a TDY status traveling from Vientiane, Laos to Saigon, Vietnam, and return.  There is no evidence of record and he provided insufficient evidence that shows he served a qualifying period for entitlement to any Vietnam-era awards.

2.  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)                                         AR20130003619



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ABCMR Record of Proceedings (cont)                                         AR20130003619



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