IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080002471
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 correction of his military records to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
2. The applicant states, in effect, that he served in Thailand and should be awarded the above awards.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 20 October 1967; a letter from Headquarters, United States Army Support Command, Thailand, dated
17 July 1968; a letter from the Office of The Adjutant General, Reserve Components Personnel and Administration Center, dated 22 January 1979; a letter from the National Personnel Records Center, St. Louis, dated 3 November 2006; and a DA Form 2139 (Military Pay Voucher), with the ending pay period October 1967.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army on 10 January 1966 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 71H (Personnel Management Specialist).
3. The applicant arrived in Thailand with the 712th Preventive Medicine Unit on or about 4 June 1966. He departed Thailand on or about 19 October 1967.
4. On 20 October 1967, the applicant was honorably released from active duty after completing 1 year, 9 months, and 11 days of creditable active service. His DD Form 214 with the ending period 20 October 1967 shows that he was awarded the Army Good Conduct Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge (M-14).
5. The applicant provided a letter from Headquarters, United States Army Support Command, Thailand, dated 17 July 1968. The document shows that members assigned to the 256th Personnel Service Company; the 538th Engineer Battalion; the 809th Engineer Battalion; the 46th Special Forces Company; U.S. Army Area Support Headquarters, Bangkok; and U.S. Army Area Support Headquarters, Sattahip were authorized award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
6. 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. 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.
7. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that applicant served in Thailand from 4 June
1966 through 19 October 1967. The document he provided authorized units assigned in Thailand award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal. However, the document does not list the 712th Preventive Medicine Unit and the applicant departed Thailand before the date of the letter. Unfortunately, the applicant has not provided evidence which shows that he served a period of qualifying service in Vietnam, or that while serving in Thailand he served in direct support of operations in Vietnam. Therefore, there is insufficient evidence to show he is eligible for award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal.
2. In View of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_______ _xxx_______ ___
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) AR20080002471
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080002471
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090012036
There is no evidence of record which shows the applicant's units served in direct support of operations in Vietnam. In his original application, the applicant provided a letter from Headquarters, United States Army Support Command, Thailand, dated 17 July 1968, which authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) for all personnel serving in Thailand. His units are not shown on the 17 July 1968 letter from Headquarters, United States Army...
ARMY | BCMR | CY2010 | 20100017320
General Orders Number 21, issued by Headquarters, 40th Military Police Battalion, dated 23 October 1967, awarded him the Army Good Conduct Medal (First Award); therefore, he is entitled to correction of his DD Form 214 to show this award. Absent such evidence, he is not entitled to correction of his DD Form 214 to show award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2007 | 20070017974
The applicant requests correction of his records to show award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and any other awards based on his service in the Republic of Vietnam. There is no evidence that shows the 697th Engineer Company (Pipeline) was deployed to the Republic of Vietnam or that it provided direct or indirect support functions related to the Vietnam conflict; and c. in the absence of sufficient evidence that shows the 697th Engineer Company...
ARMY | BCMR | CY2009 | 20090005907
The evidence of record shows the applicant was awarded the Vietnam Service Medal. The evidence of record shows that the applicant served in Korea from on or about 25 August 1973 to on or about 2 December 1973. Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2011 | 20110013894
Application for correction of military records (with supporting documents provided, if any). The applicants qualifying period of service in Thailand is not in question; however, there is insufficient evidence that shows his service in Thailand was in direct support of operations in Vietnam. Therefore, absent any evidence indicating he or his unit served in direct support of operations in the Republic of Vietnam, the regulatory criteria necessary to support award of the Vietnam Service...
ARMY | BCMR | CY2010 | 20100027638
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. With respect to the Vietnam Service Medal, the evidence of record shows the applicant was assigned to Okinawa. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the...
ARMY | BCMR | CY2010 | 20100027669
Application for correction of military records (with supporting documents provided, if any). Notwithstanding the letter from NPRC, the evidence of record failed to show his entitlement to the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960). _____________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.
ARMY | BCMR | CY2011 | 20110008133
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. With respect to the Vietnam Service Medal, the evidence of record shows the applicant was assigned to Okinawa and Thailand; however, the evidence of record fails to show he served in the Republic of Vietnam for at least 1 day or that his service in Thailand was in direct...
ARMY | BCMR | CY2008 | 20080004884
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 21 November 1967 to show award of two Purple Hearts [correctly known as the Purple Heart First Oak Leaf Cluster] and the Bronze Star Medal with "V" Device. Evidence of record shows the applicant was awarded the Bronze Star Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090016783
Although the applicant requests his military records be corrected to show a combat duty assignment while assigned to Thailand and a TDY assignment in Vietnam in May 1968, the governing regulation states that there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214. Therefore, his military records should be corrected to show the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all...