BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140019989
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 award of the Vietnam Service Medal.
2. The applicant states:
* he didn't receive the Vietnam Service Medal
* he stayed in Vietnam for 17 months
* he went to Okinawa to train on tug boats and then to Vietnam down the Saigon River to Cát Lái to pull barges
3. The applicant provides a supporting statement from a former unit member.
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 was inducted into the Army of the United States on 5 August 1969. He completed his training and was awarded military occupational specialty 61B (water craft operator).
3. Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 050, dated 19 February 1970, reassigned him to Okinawa with a reporting date of 22 February 1970.
4. His DA Form 20 (Enlisted Qualification Record) shows:
a. He was assigned to the 384th Transportation Detachment, U.S. Army Pacific (USARPAC), effective 19 February 1970.
b. He served in Okinawa from 19 February 1970 through on or about 30 July 1971.
c. He departed USARPAC en route to the continental United States on or about 30 July 1971.
5. Headquarters, U.S. Army Personnel Center, Special Orders Number 212, dated 31 July 1971, show his last permanent duty station as U.S. Army Ryukyu Islands.
6. On 31 July 1971, he was honorably released from active duty.
7. His DD Form 214 shows he completed 1 year, 5 months, and 12 days (17 months) of foreign service and he was awarded the National Defense Service Medal.
8. There is no evidence of record showing he served in Vietnam.
9. He provided supporting statement from a fellow Soldier during the period in question, dated 2 June 2014, who attests:
* he served with the applicant on a tug boat in Vietnam
* they are blessed to be alive after serving in the combat zone in Vietnam
* the applicant went through a lot while serving in Vietnam
* he hopes the applicant's mental health is good and he is getting the proper treatment
10. Army Regulation 600-8-22 (Military Awards) 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 applicant contends that he served in Vietnam for 17 months. However, the evidence of record shows he served in Okinawa, U.S. Army Ryukyu Islands, from 19 February 1970 through on or about 30 July 1971, a period of 1 year, 5 months, and 12 days (17 months).
2. Notwithstanding the supporting statement from a fellow Soldier, there is no evidence of record showing he served in Vietnam or in Thailand, Laos, or Cambodia in direct support of operations in Vietnam. Therefore, there is insufficient evidence on which to base award of the VSM.
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 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) AR20140019989
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ABCMR Record of Proceedings (cont) AR20140019989
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