BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130017279
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 add the Vietnam Support Medal or the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states:
a. he served at Camp Smith Marine Base in Honolulu, Hawaii;
b. he was assigned to the War Room and held a top secret clearance;
c. he received top secret information regarding the Vietnam War, prepared presentations and drawings, and presented this information to Flag Officers of the Army, Marines, Air Force, and Navy; White House representatives; congressmen, defense personnel, and President Lyndon B. Johnson; and
d. he wants to receive the Vietnam Support Medal or AFEM to show his support during the Vietnam War.
3. The applicant provides:
* Representative in Congress letter with Tasker and Privacy Act Statement
* Self-authored statement
* Xeroxed photograph
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 applicants military record shows he enlisted in the Regular Army on 21 October 1968. He was trained in and awarded military occupational specialty 81A (General Draftsman).
3. His DA Form 20 (Enlisted Qualification Record) contains a single entry in Item 31 (Foreign Service) that shows he arrived in the U.S. Army Pacific (USARPAC), specifically in Hawaii, on 14 May 1969. His record is void of any documents or orders showing he was ever assigned to or served in the Republic of Vietnam (RVN).
4. On 25 August 1970, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 10 months, and 5 days of active military service. The DD Form 214 issued to him at that time shows, in Item 22c (Foreign Service), he completed 1 year, 3 months, and 10 days of overseas service in USARPAC. Item 30 (Remarks) contains a blank entry next to the heading "RVN:" which indicates the applicant served no time in the RVN.
5. Army Regulation 600-8-22 prescribes the policy for the Army awards program.
a. Paragraph 2-12 contains guidance on awarding the AFEM. It states, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. It further indicates that it was authorized for service in the RVN for the period from 1 July 1958 to 3 July 1965, and for evacuation operations from 29 to 30 April 1975. The Vietnam Service Medal was authorized for service in the RVN for the period after 3 July 1965 through 28 March 1973.
b. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal. It states, in pertinent part, that it was authorized for service in the RVN after 3 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to add the Vietnam Support Medal or the AFEM to document his service in support of the Vietnam War. There is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant served overseas in Hawaii for 1 year, 3 months, and 10 days, as evidenced by his DA Form 20 and he also confirm this service. There is no evidence of record to show he ever served in the RVN during this enlistment.
3. In respect to the applicant's request for award of the Vietnam Support Medal, he is advised that there is no such medal within the Department of the Army's official list of authorized awards. In the event he was seeking the award of the Vietnam Service Medal, he did not perform any service in the RVN, and therefore he is not entitled to this award.
4. Finally, there is no evidence of record to show the applicant satisfied the regulatory criteria necessary for the award of the AFEM. Inasmuch as he did not participate in any military operations within a specific geographic area during a specified time period, there is an insufficient evidentiary basis to support granting him this award.
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) AR20130017279
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ABCMR Record of Proceedings (cont) AR20130017279
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