IN THE CASE OF:	  

		BOARD DATE:	        17 MARCH 2009

		DOCKET NUMBER:  AR20080011264 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued on 2 February 1972, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show the award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960), and that his service in Southeast Asia from 21 January 1970 to 30 November 1970 be listed in item 30 (Remarks) of this form.  

2.  The applicant states that the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) were omitted from his DD Form 214, but that he was awarded these medals for his service in Vietnam and Thailand with the 9th Logistical Command and the United States Army Vietnam Support Depot, Thailand (USASUPTHAI).  He also states that during subsequent service in the Army National Guard and United States Army Reserve (USAR), his records were corrected to show these awards, but that his service in Vietnam and Thailand was not entered on his DD Form 214.  He further states, in effect, that subsequent discharge documents which show these medals serves to appease veterans organizations, but not the Federal Government, which asserts that his DD Form 214 must show the award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and his service dates in Vietnam and Thailand.

3.  The applicant provides an undated self-authored memorandum; his DD Form 214; DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 25 September 1978 to 28 February 2001; DD Form 214 which was issued 
after he was recalled from his retired status; DA Form 20 (Enlisted Qualification Record); a Standard Form 813 (Verification of a Military Retiree's Service in Nonwartime Campaigns or Expeditions), dated 31 July 2004; a Standard Form 813, dated 7 April 2008; a DA Form 2658 (Health Record – Abstract of Service); two pages of information on the Vietnam Service Medal; five pages of information on the Republic of Vietnam Campaign Medal with Device (1960); a letter, dated 29 May 2008, from the National Personnel Records Center (NPRC); a two-page NPRC Service Request that was generated on 27 May 2008; a two-page National Archives and Records Administration Military Personnel Records (MPR) Search Request that was printed on 30 July 2007; results of a search request showing that his military records were charged out to the United States Army Human Resource Command in July 2007; and a National Archives (NA) Form 13077 (Report of Searching Actions) in support of this 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 majority of the applicant's military records are not available for review.  However, the applicant provided sufficient evidence to allow a fair and impartial review of this case.

3.  The available records show that the applicant enlisted in the Regular Army on 9 May 1969.  He completed initial entry training and was awarded military occupational specialty (MOS) 76A (Supply Clerk), and was later awarded MOS 76V (Equipment Storage Specialist).  He departed for a tour in Thailand on 
21 January 1970, and was initially assigned to Headquarters and Headquarters Company (HHC), 9th Logistical Command and served as a Supply Clerk.  On 
12 June 1970, he was reassigned to the United States Army Depot, Thailand (USADT), where he also served as a Supply Clerk.  He returned to the continental United States on or about 30 November 1970, and served at Fort 

Hood, Texas until he was honorably released from active duty on 2 February 1972 and transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  He later served on active duty in the Army National Guard from 25 September 1978 to 28 February 2001, which included service in Southwest Asia.  He was also later recalled to active duty from retirement and served in Operation Iraqi Freedom.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show that he was awarded the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).  Item 30 of this document also does not contain an entry showing that he served in Vietnam or his dates of service in Southeast Asia.  Item 41 (Awards and Decorations) of his DA Form 20 contained entries for the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960), but those entries were struck through to signify that he was not in fact entitled to these awards.  

5.  The applicant provided subsequent DD Forms 214 which show that he was entitled to award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  He also provided a self-authored memorandum and stated that he was sent to Camp Samae San, Thailand via Vietnam, and was assigned to HHC, 9th Logistical Command and the United States Army Vietnam Support Depot, Thailand.  He also contends that during his service in Thailand, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) were awarded to him and others during a company-sized formation, and that they were instructed to wear these medals from that point forward, with the traditional "certificates will be placed in your files" instructions added.

6.  The applicant also provided two Standard Forms 813 which he presumably completed in order to receive credit for service for leave accrual and/or reduction-in-force purposes.  In particular, he requested credit for his service in Thailand based upon the award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960), and also for his service in Southwest Asia and in Iraq.

7.  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 (emphasis added) 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.

8.  This same regulation also provides, in pertinent part, that the Republic of Vietnam Campaign Medal with Device (1960) 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.  Individuals who had qualified for award of the Vietnam Service Medal with Device (1960) or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal with Device (1960).

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided in part that Indochina and Korea service on or after 5 August 1964 would be entered in item 30 of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina.  Sample entries are as follows:  To show service in Vietnam only, "Vietnam 
25 April 1970 thru 28 May 1971, Indochina – yes, Korea – no"; to show service in Indochina (other than Vietnam) only, "Indochina – yes, Vietnam – no, Korea –no."

10.  Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  This regulation also provides that the ABCMR is not an investigative body, and will decide cases on the evidence of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  He also contends that his dates of service in Southwest Asia should be annotated on his DD Form 214.
2.  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.  There is insufficient evidence of record and the applicant has failed to submit evidence that would satisfy this requirement.

3.  The fact that the applicant served with the 9th Logistical Command and the USADT during his service in Thailand is not questioned.  However, the applicant's contention that he served with the United States Army Vietnam Support Depot, Thailand was not found to have merit, as no Army unit existed under that name.  Additionally, while the applicant stated that he was also assigned to the USASUPTHAI, his DA Form 20 clearly shows that he was assigned to the USADT and not the USASUPTHAI.  

4.  Further, while the applicant contends that he was presented the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) during a formation in Thailand, it appears that his entitlement to award of these medals was removed when the entries for these awards were struck through on his DA Form 20 prior to his release from active duty on 2 February 1972.  His contention that he was sent to Thailand through Vietnam was also noted.  However, there is no evidence in the available records, and the applicant failed to provide any evidence that he was attached to or regularly served for at least
1 day with an organization participating in or directly supporting military operations in Vietnam.  While DD Forms 214 subsequently issued after his DD Form 214 show these awards, it appears that they do so in error.
  
5.  As it is the policy of the ABCMR not to correct a record to reflect a change that will make the individual concerned worse off than before applying, the applicant's DD Forms 214 that show the award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) will not be corrected to remove these awards.  However, as there is no evidence in the available records, and the applicant failed to provide any evidence which conclusively proves, by a preponderance of the evidence, that his service in Thailand was in direct support of operations in Vietnam, there is insufficient basis for correcting his DD Form 214 to show the award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).

6.  As there was only a regulatory requirement at the time to list dates of service in Vietnam on the DD Form 214, and that the applicant only served in Thailand, he is not entitled to correction of item 30 of his DD Form 214 to show his service dates in Thailand or that he had service in Vietnam.



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 the United States throughout his military career, and especially during his service in 
Southwest Asia and Iraq.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ________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)                                         AR20080011264



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ABCMR Record of Proceedings (cont)                                         AR20080011264



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