BOARD DATE: 21 October 2010 DOCKET NUMBER: AR20100012051 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, that he be issued an amendment to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was in combat or in direct support of Vietnam (this has been accepted as a request for award of the Vietnam Service Medal). 2. The applicant states he wants to join a Veterans of Foreign Wars (VFW) Post. 3. The applicant does not provide any additional documents. 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 military records show that he was inducted in the Army on 6 August 1965, was awarded the military occupational specialty of communication center specialist, served with the U.S. Army Strategic Command, Korat Thailand, from 20 July 1966 to 25 April 1967, and was promoted to pay grade E-5. 3. He was honorably released from active duty on 19 July 1967. The DD Form 214, Item 22c, Foreign and or Sea Service, has "USARPAC [U.S. Army Pacific] 1 0 0 [1 year]." 4. Army Regulation 600-8-22 (Military Awards) provides 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 AND CONCLUSIONS: 1. The applicant was assigned to a unit in Thailand. 2. However, there is no evidence that the applicant's unit participated in or directly supported military operations in Vietnam. 3. As such, there is insufficient evidence in which to award him the Vietnam Service Medal. 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) AR20100012051 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012051 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1