IN THE CASE OF: BOARD DATE: 5 May 2009 DOCKET NUMBER: AR20080016899 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, award of the Republic of Vietnam Campaign Medal (RVNCM). 2. The applicant states, in effect, he never received the RVNCM because he did not know the award was issued. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's record shows he was inducted into the Army of the United States and entered active duty on 15 December 1965. He was trained in and awarded military occupational specialty (MOS) 95B (Military Police). His DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from 20 October 1966 through 6 October 1967. Item 38 (Record of Assignments) shows that during his tour in Thailand, he was assigned to the 281st Military Police Company, performing duties in MOS 95B as a security guard. Item 41 shows he earned the National Defense Service Medal (NDSM) and Expert Marksmanship Qualification Badge with Rifle Bar. 3. On 6 October 1967, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four (SP4), after completing 1 year, 9 months, and 22 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. 4. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 9-13 of the awards regulation contains guidance on award of the RVNCM. It states, in pertinent part, that it is awarded to members of the United States Armed Forces who have served in the Republic of Vietnam (RVN) for 6 months during the period between 1 March 1961 and 28 March 1973. It is also awarded to members who served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months during the qualifying period. Such individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal. 5. Paragraph 2-13 contains guidance on award of the Vietnam Service Medal (VSM) and states, in pertinent part, that it is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should have received the RVNCM based on his service in Thailand was carefully considered. However, by regulation, the RVNCM and VSM are only authorized to members who served in Thailand in direct support of operations in the RVN. 2. The evidence of record confirms the applicant was assigned to the 281st Military Police Company, performing duties as a security guard, during his tour of duty in Thailand. However, there is no indication that his unit in Thailand was serving in direct support of operations in the RVN. Further, his duties as a security guard appear to have been accomplished in support of the local security mission and not in support of the RVN mission. Therefore, absent any evidence indicating that the applicant's unit or he served in direct support of operations in the RVN, the regulatory criteria necessary to support award of the RVNCM and/or the VSM for service in Thailand has not been satisfied in this case. 3. 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. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20080016899 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080016899 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1