IN THE CASE OF:	

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080013272 


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 that his separation document (DD Form 214) be corrected by including the awards of the Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and the Explosive Ordnance Disposal (EOD) Medal [correctly known as the Explosive Ordnance Disposal Badge – Basic].

2.  The applicant states that he flew into Saigon, Republic of Vietnam and had served a short period of time there.  He served 11 months with Company C, 538th Engineer Battalion in Thailand.  He states that according to the Department of Defense Regulations, the medals he mentioned should be documented on his DD Form 214 for his service in the Republic of Vietnam and Thailand.

3.  The applicant provides a copy of an article from the internet and a letter from the Director of Veterans Services, Smith County, Tyler, Texas, dated 20 July 2008 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 military personnel record shows as a member of the U.S. Army Reserve (USAR), he was ordered to active duty for training (ACDUTRA) on 24 January 1966.  He completed the necessary training and was awarded military occupational specialty (MOS) 62B (Construction Equipment Repairer).

3.  He served with Company C, 538th Engineer Battalion (Construction) in Thailand in MOS 62B during the period 1 July 1966 through 16 June 1967.  He was honorably released from active duty and returned to the USAR on 23 July 1968 to complete his remaining service obligation.  He completed 2 years and
6 months of total active service.  His DD Form 214 shows he entered on active duty on 24 January 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 show the awards of the National Defense Service Medal, Good Conduct Medal, "One Year Safe Mechanic Badge," and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the awards of the Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, or the Explosive Ordnance Disposal Badge - Basic).

5.  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 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.

6.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  Army Regulation 600-8-22 sets forth the requirements for the Explosive Ordnance Disposal Badge-Basic.  Award of this badge requires that an individual, at a minimum, must have satisfactorily completed conventional render safe qualification as prescribed for the Explosive Ordnance Disposal course of instruction; assigned to a position that meets the explosive ordnance disposal course prerequisite; served satisfactorily for 18 months for the award to be permanent; and must be awarded MOS 55D (Explosive Ordnance Disposal (EOD) Specialist) for enlisted Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the awards of the Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and the Explosive Ordnance Disposal Badge-Basic.

2.  The evidence shows that the applicant served with Company C, 538th Engineer Battalion (Construction) in Thailand during the period 1 July 1966 to
16 June 1967.  Regulatory guidance provides that members of the Armed Forces of the United States serving in Thailand, Laos, or Cambodia, or the airspace over 



Republic of Vietnam during the same period and serving in direct support of operations in the Republic of Vietnam are eligible for the award of the Vietnam Service Medal.  

3.  Although the applicant served in Thailand during the period 1 July 1966 to  
16 June 1967, he has not submitted any evidence to show he was serving in direct support of operations in the Republic of Vietnam.  Therefore, he is not entitled to correction of his records to show the Vietnam Service Medal for serving in Thailand.

4.  There is no evidence that shows the applicant served in the Republic of Vietnam or outside the geographical limits of the Republic of Vietnam, while providing direct combat support to the Republic of Vietnam and the Armed Forces.  Therefore, he is not entitled to award of the Republic of Vietnam Campaign Medal.

5.  There is no evidence that shows the applicant possessed an infantry MOS or served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

6.  There is no evidence that shows the applicant met the minimum criteria for award of the Explosive Ordnance Disposal Badge-Basic.  Therefore, he is not entitled to correction of his records to show award of the Explosive Ordnance Disposal Badge-Basic.

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)                                         AR20080013272



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ABCMR Record of Proceedings (cont)                                         AR20080013272



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