MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 August 2002     
	DOCKET NUMBER:   AR2002070754

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas Lanyi		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:  As the widow of a deceased former service member (FSM), that her husband’s Vietnam Service Medal be restored.

APPLICANT STATES:  In effect, that a previous decision by the Army Board for Correction of Military Records (ABCMR) in 2000 deleted the Vietnam Service Medal from her husband’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 15 November 1967.  She believes her husband served two dates of service in Vietnam and is entitled to award of the Vietnam Service Medal.  In support of her application, she submits a letter from a Member of Congress, dated 12 March 2002; page 5 of the ABCMR Proceedings, dated 
5 October 2000; one page of the FSM’s undated retirement physical separation; orders for temporary duty, dated 22 October 1963; a DD Form 215 (Correction to DD Form 214), dated 3 January 2001; and an unidentified excerpt titled “Appendix G.”

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

The FSM completed over 20 years of active duty on 28 February 1973 when he retired in the rank of sergeant first class.

The FSM’s DD Form 214 with an effective date of 15 November 1967 shows the Vietnam Service Medal as an authorized award.

On 5 October 2000, the ABCMR directed, in pertinent part, that the Vietnam Service Medal be deleted from the FSM’s DD Form 214.  The ABCMR’s decision was based on the fact that there was no evidence the FSM served in Vietnam after 3 July 1965.  DD Form 215 was issued on 2 January 2001 amending the FSM’s DD Form 214 with an effective date of 15 November 1967.

The FSM’s service personnel records contain Letter Order 10-1517, dated 
28 October 1963, which shows the FSM was temporary duty to Saigon, South Vietnam, effective 20 November 1963 for 180 days.

Item 31 (Foreign Service) on the FSM’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 20 November 1963 through 
17 May 1964.

Item 39 (Designation) on the FSM’s DA Form 20 also shows that he was credited with participation in one designated campaign period associated with the Vietnam War (the Vietnam Advisory Campaign which covered the period 
15 March 1962 through 7 March 1965).

There is no evidence in the FSM’s service personnel records which shows that he served a subsequent period of service in Vietnam or that he served in Vietnam after 3 July 1965. 
The applicant provided an unidentified excerpt titled “Appendix G” which shows that the Vietnam Advisory Campaign (15 March 1962 to 7 March 1965) is an Army campaign designation for the Vietnam Service Medal. 

The applicant also provided one page of the FSM’s undated retirement physical separation which shows the entry, “Positive Tine Tests since Vietnam tour.” 

Army Regulation 600-8-22 (Military Awards) 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 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.

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.  The Board noted the unidentified excerpt titled “Appendix G” which states that the Vietnam Advisory Campaign (15 March 1962 to 7 March 1965) is an Army campaign designation for the Vietnam Service Medal.  However, this document is not an authority for award of the Vietnam Service Medal. 
 
2.  Army Regulation 600-8-22 (Military Awards), the governing awards regulation, states that 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.  

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the FSM served in Vietnam after 3 July 1965.  Therefore, there is no basis for granting the applicant’s request to restore her husband’s Vietnam Service Medal.

4.  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.
  
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

INW____  AAO_____  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2002070754	
SUFFIX		
RECON		
DATE BOARDED	20020827	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0073	
2.		
3.		
4.		
5.		
6.