IN THE CASE OF:	  

		BOARD DATE:	  28 April 2009

		DOCKET NUMBER:  AR20080017075 


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 he be awarded the Vietnam Service Medal (VSM) based on his service in Thailand.

2.  The applicant states, in effect, that he served with the 55th Signal Company in Thailand during the Vietnam War.

3.  The applicant provides no documentary evidence 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 record shows that he enlisted in the Regular Army and entered active duty on 3 November 1965, and was trained in and awarded military occupational specialty (MOS) 72B (Communications Center Specialist).
3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in Thailand from 14 August 1966 through 13 August 1967.  Item 38 (Record of Assignments) shows that during his Thailand tour, he was assigned to the 55th Signal Company performing duties in MOS 72B as a communications center specialist and cryptographer.  Item 38 also shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  The applicant's records contain promotion orders, dated 18 November 1966, issued by the 379th Signal Battalion which authorized the applicant's promotion to specialist four.  These orders indicate the authority for the promotion was contained in the governing promotions regulation and a message from the applicant's major command promotion authority, which was identified as the 1st Signal Brigade, U.S. Army Strategic Communications Command (STRATCOM), Vietnam.  The record contains other orders issued by the 379th Signal Battalion, which identify the 1st Signal Brigade, STRATCOM, Vietnam, as the unit's major command.

5.  The applicant's record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  On 1 November 1968, the applicant was honorably released from active duty in the rank of sergeant after completing 2 years, 11 months, and 29 days of active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time shows he earned the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on award of the 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 its 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.

8.  Chapter 4 of Army Regulation 600-8-22 contains guidance on award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on award of the (RVNCM) with Device (1960).  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 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 VSM during the period of service required to qualify for the RVNCM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the VSM based on his service with the 55th Signal Company, Thailand, was carefully considered and found to have merit.

2.  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.  The evidence of record confirms the applicant's unit was a subordinate unit of the 1st Signal Brigade, STRATCOM, Vietnam, and provided direct support of operations in the RVN.  Therefore, it would be appropriate to correct the applicant's record to include the VSM and RVNCM.

3.  The applicant's record confirms that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 3 November 1965 through 1 November 1968.


BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  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; by awarding him the AGCM for his qualifying period of honorable active duty service from 3 November 1965 through 1 November 1968; by adding the AGCM, VSM, and RVNCM with Device (1960) to the list of awards contained on his DD Form 214; and by providing him a correction to his DD Form 214 that includes these changes.



      __________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)                                         AR20080017075



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ABCMR Record of Proceedings (cont)                                         AR20080017075



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