IN THE CASE OF:
BOARD DATE: 5 May 2009
DOCKET NUMBER: AR20080016899
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, award of the Republic of Vietnam Campaign Medal (RVNCM).
2. The applicant states, in effect, he never received the RVNCM because he did not know the award was issued.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 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's record shows he was inducted into the Army of the United States and entered active duty on 15 December 1965. He was trained in and awarded military occupational specialty (MOS) 95B (Military Police). His DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from
20 October 1966 through 6 October 1967. Item 38 (Record of Assignments) shows that during his tour in Thailand, he was assigned to the 281st Military Police Company, performing duties in MOS 95B as a security guard. Item 41 shows he earned the National Defense Service Medal (NDSM) and Expert Marksmanship Qualification Badge with Rifle Bar.
3. On 6 October 1967, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four (SP4), after completing 1 year,
9 months, and 22 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
4. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 9-13 of the awards regulation contains guidance on award of the RVNCM. It states, in pertinent part, that it is awarded to members of the United States Armed Forces who have served in the Republic of Vietnam (RVN) for 6 months during the period between 1 March 1961 and 28 March 1973. It is also awarded to members who served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months during the qualifying period. Such individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal.
5. Paragraph 2-13 contains guidance on award of the Vietnam Service Medal (VSM) and states, in pertinent part, that it is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have received the RVNCM based on his service in Thailand was carefully considered. However, by regulation, the RVNCM and VSM are only authorized to members who served in Thailand in direct support of operations in the RVN.
2. The evidence of record confirms the applicant was assigned to the 281st Military Police Company, performing duties as a security guard, during his tour of duty in Thailand. However, there is no indication that his unit in Thailand was serving in direct support of operations in the RVN. Further, his duties as a security guard appear to have been accomplished in support of the local security mission and not in support of the RVN mission. Therefore, absent any evidence indicating that the applicant's unit or he served in direct support of operations in the RVN, the regulatory criteria necessary to support award of the RVNCM and/or the VSM for service in Thailand has not been satisfied in this case.
3. 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. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20080016899
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080016899
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110013751
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Accordingly, there is insufficient evidence to grant relief in this case.
ARMY | BCMR | CY2008 | 20080017075
The applicant requests, in effect, that he be awarded the Vietnam Service Medal (VSM) based on his service in Thailand. By regulation, the VSM and RVNCM are authorized for members who served in Thailand in units providing direct support to Republic of Vietnam (RVN) operations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is eligible for the VSM and RVNCM with Device (1960) based on his service in Thailand;...
AF | BCMR | CY2012 | BC-2012-03128
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which are at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial and states that there is no evidence that supports the applicants contention that he served in Vietnam during the inclusive dates for these awards. The complete DPSID evaluation is at Exhibit...
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...
AF | BCMR | CY2008 | BC-2007-02277
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02277 INDEX CODE: 100.07, 107.00, 113.00 XXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Vietnam Service Medal (VSM) and the Small Arms Expert Marksmanship Ribbon (SAEMR), credit for Temporary Duty (TDY) in Vietnam, completion of J60 Engine formal...
AF | BCMR | CY2006 | BC-2005-02634
--The Republic of Vietnam Campaign Medal (RVNCM) is awarded to members who: (1) served for six months in South Vietnam during the period 1 Mar 61 and 28 Mar 73; (2) served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months--only members who meet the criteria established for the AFEM (Vietnam) or the VSM during the period required are considered to have contributed direct combat support to the RVN Armed...
AF | BCMR | CY2012 | BC-2012-05372
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05372 COUNSEL: NONE ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the following awards: 1. After a thorough review of the applicants official military personnel record they were unable to verify award of the RVCM and the VSM. The applicants claimed dates of service in Thailand are after the award inclusive period for...
AF | BCMR | CY2010 | BC-2010-03321
The DPAPP complete evaluation is at Exhibit C. AFPC/DPSIDR recommends denial of the VSM and RVNCM. The DPSIDR complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 10 Dec 10 for review and comment within 30 days. _________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2010 | BC-2010-03271
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03271 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPAPP recommends denial, stating, in part, after a...
AF | BCMR | CY2006 | BC-2006-02086
Applicant's complete submission, with attachments, is at Exhibit A. He served in Thailand from Apr 74 to Mar 75; therefore, he is not eligible for the VSM. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC- 2006-02086 in Executive Session on 19 September 2006, under the provisions of AFI 36-2603: Ms. Kathleen F. Graham, Panel Chair Mr. Elwood C. Lewis, Member Ms. LeLoy W. Contrell, Member The following...