BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140012488
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 show he was awarded the Vietnam Service Medal (VSM).
2. The applicant states he served in Korea during the time specified for the VSM, and that he was assigned to guard missile sites in Korea and was out in the field when the USS Pueblo was taken.
3. The applicant provides his DD Form 214 for the period ending
26 January 1969.
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. On 25 January 1966, the applicant enlisted the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist). He was discharged on
26 January 1967, to accept a commission as an officer in the U.S Army Reserve (USAR).
3. On 27 January 1967, the applicant was commissioned in the USAR as a second lieutenant in the Infantry Branch.
4. His DA Form 66 (Officer Qualification Record), item 17 (Foreign Service), shows he completed a tour of duty in Korea during the period 29 April 1967 to
29 May 1968.
5. On 26 January 1969, he was honorably released from active duty. His final DD Form 214 shows he was awarded the Expert Badge (M-14 Rifle).
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states, 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. 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. Direct support is defined as services being supplied to participating forces in the area of eligibility and includes:
* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility
DISCUSSION AND CONCLUSIONS:
1. The applicants military personnel records show he was assigned to duty in Korea from April 1967 to May 1968. There is no evidence the applicant served in Vietnam, Thailand, Laos, or Cambodia.
2. In view of the above, there is insufficient evidence to add the VSM to his DD Form 214.
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) AR20140012488
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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