MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AR1998012713

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to show that he served in Vietnam for “approximately 6 months” and that he be awarded the appropriate medals and devices.

APPLICANT STATES:  That his records do not reflect his Vietnam service.  As proof that he served in Vietnam, he provides a copy of temporary duty (TDY) orders showing an 18-day TDY to Hawaii, Korea, Vietnam, and Okinawa in March 1966.

COUNSEL CONTENDS:  That the applicant’s service records indicate that he worked on a “Project Concrete” for the benefit of the Military Assistance Command-Vietnam (MACV).  This is mentioned in a citation for the Legion of Merit, as well as a letter of commendation.

EVIDENCE OF RECORD:  The applicant's military records show:

He is a retired lieutenant colonel.  His DA Form 66, Officer Qualification Record, lists all of his assignments in chronological order.  It shows that he was never assigned or attached to a unit in Vietnam.  During the period October l965-June l968, he was assigned to Fort Belvoir, Virginia where he worked on a “Project Concrete.”

Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam from 3 July 1965 through 28 March 1973.  Qualifying service included assignment or attachment for 1 or more days to an organization that participated in, or directly supported, military operations.

Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more in a position that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was never assigned or attached to a unit in Vietnam and there is nothing in his record to suggest that he was ever was so assigned or attached. The TDY orders provided by the applicant, assuming that he actually conducted the TDY described in the orders, only meant that he was there temporarily for a very short period of time while assigned to his unit at Fort Belvoir.

3.  The mention in various documents in his file of his work on “Project Concrete” as having benefited MACV does not establish that he was assigned or attached to any unit in Vietnam.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___KJN _  __FNE __  __JPI ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012713	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0073	
2.	107.0088	
3.		
4.		
5.		
6.