IN THE CASE OF:	  

	BOARD DATE:	  24 JUNE 2008

	DOCKET NUMBER:  AR20080005255 


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 his records be corrected to show the awards of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal for serving in Thailand.

2.  The applicant states, in effect, that the U.S. Military Awards committee should review and research documentation that would justify the award of the Vietnam Service Medal to all military personnel that served in Thailand during the Vietnam War.

3.  The applicant provides a copy of his separation document (DD Form  
214), Honorable Discharge Certificate, Standard Form 1012a (Travel Voucher), a letter from U.S. Army Human Resources Command dated 21 March 2006, a letter from the applicant to his congressman, a letter from his congressman dated 28 February 2008, an email message dated 17 December 2007, and an Article taken from the Internet pertaining to the U.S. Air Force mission in Thailand.

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 personnel record shows that he was inducted in the Army of the United States on 19 April 1965.  He completed the necessary training and was awarded the military occupational specialty (MOS) 95B (Military Policeman).

3.  He served a tour with the 513th Military Police Detachment in Thailand during the period 19 September 1965 to 10 September 1966.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 18 April 1967.  He completed  
2 years of Net Service This Period.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Pistol Bar (Pistol .45 cal).  However, it does not show the awards of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

5.  The article that the applicant submitted describes the types of mission of the U. S. Air Force in Thailand during the Vietnam War and the surrounding area of operation.  The article noted that many of the tactical and strategic Aircraft were deployed to Thailand in support of the Vietnam War.  The applicant's personnel record shows he was performing duties as a Military Police in Korat, Thailand, at the Royal Thai Air Force Base.  The applicant's duties may have consisted of providing security for the Aircraft and munitions.

6.  Based on the email message that the applicant submitted, it appears he is trying to obtain membership with the Veterans of Foreign War (VFW) organization.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned, the 513th Military Police Detachment, was not cited for any unit citation and campaign credit for serving during the Vietnam War.

8.  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, Cambodia, or the airspace there over, during the same period and serving in direct support of operations in the Republic of Vietnam are also eligible for this award.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

9.  Army Regulation 600-8-22 (Military Awards) 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.  The applicant contends that he should be awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal for his service in Thailand during the Vietnam War.

2.  The evidence of record does not show compelling evidence that the applicant met the requirements for the award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  Also, the 513th Military Police Detachment was not cited for any unit citation and campaign credit for serving during the Vietnam War.  Therefore, he is not entitled to correction of his records to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

3.  In addition, it is reasonable to conclude that the applicant is trying to obtain membership with the VFW.  The ABCMR does not grant requests for awards solely for the purpose of making the applicant eligible for membership to a private organization.

4.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20080005255



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ABCMR Record of Proceedings (cont)                                         AR20080005255



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