IN THE CASE OF:
BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140018568
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 Vietnam Service Medal (VSM) and/or the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states:
* he is qualified for the VSM via the AFEM
* the AFEM and VSM are not in his permanent record at the National Personnel Records Center
* he's requesting, in effect, the VSM or the AFEM if the VSM cannot be awarded
3. The applicant provides:
* Recorder's Certificate of Discharge
* DD Form 214 (Report of Separation from Active Duty)
* Army Regulation 600-8-22 (Military Awards), paragraph 2-12 and 2-13
* Letter from the National Personnel Records Center
* Excerpts from Department of Defense Instruction 1348.33, chapter 6
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 1 April 1975. He completed initial entry training and was awarded military occupational specialty 16P (Chaparral Crewman).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to Battery C, 2nd Battalion, 5th Air Defense Artillery at Fort Hood, TX. His service record does not show that he was deployed overseas in support of U.S. military operations. Item 9 (Awards, Decorations, and Campaigns) of this form does not list award of the VSM or the AFEM.
4. He was honorably released from active duty on 31 July 1978. His DD Form 214 does not show award of the VSM or AFEM.
5. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Table 2-2 shows the AFEM is authorized for military operations for Vietnam-Operation Frequent Wind from 29 to 30 April 1975. The regulation states service members who earned the AFEM for Operation Frequent Wind, between 29 and 30 April 1975, may elect to receive the VSM instead of the AFEM. No service member may be issued both medals for service in Vietnam. This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designate area of eligibility.
6. Army Regulation 600-8-22 states the VSM 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.
7. Army Regulation 600-8-22 defines "direct support" as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided in involves actually entering the designated area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is qualified for the VSM via the AFEM. However, the evidence of record does not support his claim.
2. Based on the military awards regulation, the AFEM is authorized for military operations for Vietnam-Operation Frequent Wind from 29 to 30 April 1975. The regulation states service members who earned the AFEM for Operation Frequent Wind, between 29 and 30 April 1975, may elect to receive the VSM instead of the AFEM.
3. The evidence of record does not indicate that he was deployed to Vietnam in support of military operations during the period he served on active duty.
4. Therefore, there is insufficient evidence on which to award him the VSM or the AFEM.
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) AR20140018568
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140018568
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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