IN THE CASE OF:
BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130006321
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 appropriate medals for service in Vietnam.
2. The applicant states he made two trips to Vietnam.
3. The applicant provides copies of his 3 May 1968 DD Form 214 (Report of Transfer or Discharge), and a 27 May 1971 Honorable Discharge Certificate.
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 24 May 1965, completed training, and was awarded the military occupational specialty 76V (Equipment Storage Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows his foreign service as in Germany from 17 January 1966 to 3 May 1968.
4. His DD Form 214 shows:
* transfer to the U.S. Army Reserve (USAR)
* an honorable release from active duty on 3 May 1968
* 2 years, 11 months, 10 days of creditable active duty
* 2 years, 3 months, 16 days of foreign service
* award of the National Defense Service Medal
5. The applicant was issued an Honorable Discharge Certificate dated 27 May 1971 upon completion of his obligated USAR service.
6. Army Regulation 600-5-22 (Military Awards) provides that for entitlement to the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and other Vietnam related awards, a service member must have served in Vietnam or contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
The applicant has not provided and the record does not contain any evidence that he ever served in Vietnam.
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) AR20130006321
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ABCMR Record of Proceedings (cont) AR20130006321
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