MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           30 October 2001
	DOCKET NUMBER:   AR2001059175

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 records be corrected to show that he was awarded the Vietnam Service Medal (VSM).  Applicant originally requested the Armed Forces Expeditionary Medal, or AFEM, but withdrew that request in favor of the VSM.

APPLICANT STATES:  He was in Vietnam during the time of conflict.  He provides no supporting documentation to prove that contention.

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

He served in the Regular Army from 1 July 1958 to 1 June 1961.  He was an airborne infantryman and was awarded the Good Conduct Medal (GCMDL), National Defense Service Medal (NDSM), Parachutist Badge, and Expert Marksmanship Badge (Rifle and Automatic Rifle).

The applicant was a member of Company A, 2nd Airborne Battle Group, 503rd Combat Infantry Team; this unit was reassigned from the 82nd Airborne Division to the 25th Infantry Division from June 1960 to 1 July 1961.  During assignment to the 25th Infantry Division, the unit was stationed on Okinawa.  The applicant served on Okinawa from on/about 1 June 1960 to on/about 31 May 1961 when he returned to Oakland, California for separation from the Army.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This 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.

Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal (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.  The governing regulation for award of the Armed Forces Expeditionary Medal does not show that it was awarded for service on Okinawa during the period from June 1960 to June 1961.  It is authorized for US operations in support of the Republic of Vietnam government from 1 July 1958 to 3 July 1965.  The VSM may be awarded in lieu of the AFEM for qualifying service in Vietnam prior to 4 July 1965.  When this is done, the AFEM will be removed from the records of the individual; no person will be entitled to both awards for Vietnam Service.

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 this requirement.

2.  The applicant served in the Army from 1 July 1958 to 1 June 1961.  The VSM is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  The applicant is not entitled to award of the VSM based on the above qualifying service criteria.

3.  The AFEM is authorized for personnel who participated in US operations in support of the Republic of Vietnam government from 1 July 1958 to 3 July 1965.  The VSM may be awarded in lieu of the AFEM for qualifying service in Vietnam during this period.

4.  The applicant's records do not indicate that he ever served in Vietnam in any capacity (permanent or temporary duty), nor has he provided any evidence that he served in Vietnam while assigned to Company A, 2nd Airborne Battle Group, 503rd Combat Infantry Team on Okinawa.  Therefore, the Board cannot authorize award of the AFEM, or VSM in lieu of the AFEM.

5.  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

_cla_____  __aao___  ___hbo__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001059175	
SUFFIX		
RECON		
DATE BOARDED	20011030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0072	
2.	107.0073	
3.		
4.		
5.		
6.