ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF: 

                   BOARD DATE:  18 January 2019

                   DOCKET NUMBER:  AR20170015769


APPLICANT REQUESTS:  correction of his record to show he is authorized the “Vietnam Campaign Ribbon” (taken to mean the Vietnam Service Medal).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Report of Separation from Active Duty) 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that in January 1973 at Fort Polk, LA, volunteers were requested to assist in the evacuation of Vietnam.  He departed in early March 1973 to assist with the evacuation of Da Nang for 15 days, although he thought his assignment would be longer.  Nearly 3 years later, he processed out of the Army in Oakland, CA.  The Army sergeant going over his files removed papers from his file that referenced his trip to Vietnam.  The sergeant said he was not eligible for the “Vietnam Campaign Ribbon” since he was only there for 15 days.  Because he was in harm’s way in support of the war, whether or not he was only there for 15 days, he should be considered a wartime veteran.  The sergeant said he (the sergeant) was a Vietnam combat veteran, but the applicant wasn’t.  He saw the sergeant take the documents out of his service folder when he was being processed out at Oakland, and the sergeant put them in a box on the floor.  He didn’t think much about it at the time, but his DD Form 214 should state he is a Vietnam War veteran, since he could have just as easily been in combat or died for his country.  He should have the same considerations as other Vietnam War veterans.  He is not merely a Vietnam Era veteran.  

3. The applicant enlisted in the Regular Army on 4 December 1972.  

4.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 13 September 1974 through 26 November 1975, a period of 1 year, 2 months, and 14 days.  His record is void of documentation showing any other periods of foreign service. 

5.  He was honorably released from active duty on 28 November 1975.  His DD Form 214 shows he had 1 year, 2 months, and 14 days of foreign service and his last country of overseas assignment was Korea.

6.  To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications:

     a.  Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.

     b.  Be attached to or regularly serve for 1 or more days aboard a U.S. naval vessel directly supporting military operations.

     c.  Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations.

     d.  Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence in the service record, and applicable regulations policies and guidance.  The record is devoid of any evidence of the applicant’s service in Vietnam.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea for of 1 year, 2 months, and 14 days but does not reflect any other periods of foreign service.  Therefore the Board is unable to grant his request for the Vietnam Service Medal.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.


ADMINISTRATIVE NOTE(S):

Not applicable.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all Service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  Service members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications:

     a.  Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.

     b.  Be attached to or regularly serve for 1 or more days aboard a U.S. naval vessel directly supporting military operations.

     c. Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations.

     d.  Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

ABCMR Record of Proceedings (cont)	 AR20170015769


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