ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  20 March 2019

	DOCKET NUMBER:  AR20190001870


APPLICANT REQUESTS:  the Vietnam Service Medal be added to his DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge) for the period 
ending 22 January 1965.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	DA Form 2-1 (Personnel Qualification Record - Part II)
*	Certificate of Retirement

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 he was issued the Vietnam Service Medal but it was not 
entered on his DD Form 214.  It was erroneously omitted from his DD Form 214.

3.  The applicant enlisted in the U.S. Army Reserve on 14 July 1964.  He was ordered 
to active duty on 15 August 1964.  

4.  His DA Form 20 (Enlisted Qualification Record) is not present in his official military 
personnel file.  

5.  On 22 January 1965, he was released from active duty and returned to the Army 
Reserve complete his remaining service obligation.  His DD Form 214 for the period 
ending 22 January 1965 does not show he served in Vietnam or that he was awarded 
the Vietnam Service Medal.  

6.  He continued to serve as an enlisted Soldier in the Army Reserve with one break in 
service from 14 July 1970 to 13 October 1971.  His DA Form 2-1 does not show any 
foreign service in item 5 (Oversea Service).  

7.  On 3 May 1977, he was appointed as a Reserve commissioned officer and served 
until he was retired and placed on the retired list on 29 August 2002.  

8.  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.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  Based upon the preponderance of evidence, the Board agreed the 
applicant’s record is absent evidence he served in the Republic of Vietnam, and he did 
not provide any evidence relevant to service in Vietnam to consider.

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.


	  
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 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.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001870
	
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