IN THE CASE OF:
BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090011997
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 the correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
2. The applicant states he served with the 538th Engineer Battalion in Thailand from mid-1965 to mid-1966. On 17 July 1968, Headquarters, United States Army Support, Thailand directed all personnel serving in Thailand be awarded the Vietnam Service Medal and Vietnam Campaign Medal.
3. The applicant provides a copy of Headquarters, United States Army Support, Thailand memorandum, dated 17 July 1968, with subject: Award of VSM and VCM. The 538th Engineer Battalion is shown on the distribution list for this memorandum.
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 was a Regular Army engineer captain who served from 5 June 1963 through 6 June 1968. On or about 1 November 1964, he was assigned to the 538th Engineer Battalion, Fort Knox, KY. On or about 16 July 1965, the 538th Engineer Battalion conducted a unit change of station from Fort Knox to Thailand. The applicant remained with this unit in Thailand until on or about 1 Jun 1966 when he was reassigned to Fort Belvoir, VA.
3. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides:
a. The Vietnam Service Medal was authorized on 8 July 1965. 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; however, they are not authorized campaign participation credit.
b. The Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960), is awarded by the Government of the Republic of Vietnam to members of the United States Armey. To qualify for award personnel must have served in the Republic of Vietnam for 6 months during the period from 1 March 1961 to 28 March 1973, inclusive, or have 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. 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.
4. The Vietnam Order of Battle by Captain Shelby L. Stanton, U.S. Army, Retired, published in 1989 shows that the 538th Engineer Battalion (Construction) served in Thailand from 14 July 1965 to 15 June 1970 in direct or indirect support functions related to the Vietnam conflict.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his entitlement to the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) based on his service in Thailand in support of operations in the Republic of Vietnam.
2. The available evidence shows that the applicant served in Thailand with the 538th Engineer Battalion in support of military operations in the Republic of Vietnam. Therefore, his records should be corrected to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
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 adding the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
___________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) AR20090011997
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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