IN THE CASE OF:
BOARD DATE: 5 January 2009
DOCKET NUMBER: AR20090012585
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his awards for service in Thailand.
2. The applicant states that he wants his record corrected so that he can obtain Department of Veterans Affairs' benefits and for use by the Veterans of Foreign Wars.
3. The applicant provides a copy of his DD Form 214 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. On 8 December 1966, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 62D (Asphalt/Concrete Equipment Operator).
3. Special Orders Number 135, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, dated 15 May 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4. On 19 May 1967, the applicant departed Fort Leonard Wood for duty in the U.S. Army Pacific.
5. On 5 June 1967, the applicant was assigned to the 538th Engineer Battalion located in Thailand. He served with this battalion until his return to the United States on or about 21 May 1968.
6. On 25 November 1968, the applicant departed Fort George G. Meade, Maryland, for duty in Europe.
7. On 22 December 1968, the applicant was assigned for duty as a heavy truck driver with the 237th Engineer Battalion. He served with this battalion until his return to the United States on or about 4 March 1970.
8. Special Orders Number 60, Headquarters, 237th Engineer Battalion, dated 20 March 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
9. On 6 March 1970, the applicant was released from active duty in the rank of private, pay grade E-2, and he had completed 3 years and 15 days of creditable active duty.
10. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the National Defense Service Medal. It does not show award of the Vietnam Service Medal or any marksmanship qualification badges.
11. 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 were 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.
12. 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 awards for his service 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.
3. Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, his records should be corrected to show this award.
4. Special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, his records should be corrected to show this award.
BOARD VOTE:
________ ________ ________ 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, in addition to the award already shown on his DD Form 214, that his awards include the Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
_________________________
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) AR20090012585
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012585
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003087772C070212
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1963 to 1 August 1969 be corrected: to show his Vietnam service; to show award of the Vietnam Service Medal (VSM); and to show that he received campaign participation credit for two campaigns -- Counteroffensive Phase II and III. Records show the applicant should have discovered the error or injustice now under consideration on 1 August 1969; therefore, the...
ARMY | BCMR | CY2011 | 20110019411
Application for correction of military records (with supporting documents provided, if any). After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the AGCM for his service from 1 April 1968 through 3 March 1970. However, there is no evidence to show the applicant served in Vietnam or the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
ARMY | BCMR | CY2010 | 20100011166
General Orders Number 458, Headquarters Fort Hood, dated 27 March 1970, as provided by the applicant, indicate that he was awarded the Good Conduct Medal for the period 1 May 1967 through 30 May 1970 [more than 3 years]. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. Therefore, his records should be corrected to show award of the Vietnam...
ARMY | BCMR | CY2012 | 20120011179
Application for correction of military records (with supporting documents provided, if any). He had served 2 years, 11 months, and 29 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with rifle bar, and a Letter of Commendation. Although the two awards are entered on the DA Form 20, it appears that those entries were made in error as there is...
ARMY | BCMR | CY2011 | 20110013894
Application for correction of military records (with supporting documents provided, if any). The applicants qualifying period of service in Thailand is not in question; however, there is insufficient evidence that shows his service in Thailand was in direct support of operations in Vietnam. Therefore, absent any evidence indicating he or his unit served in direct support of operations in the Republic of Vietnam, the regulatory criteria necessary to support award of the Vietnam Service...
ARMY | BCMR | CY2011 | 20110017014
The applicant states: * Special Order Number 296, Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 23 October 1967, awarded him Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * he was assigned to the 19th Engineer Battalion, 137th Combat Engineers, while he was in Vietnam which was awarded the Valorous Unit Award 3. His records show he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080017404
The applicant served in Vietnam from 24 June 1969 to 12 March 1970, but his DD Form 214 does not show that he was awarded the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with 1960 Device. The applicant participated in two campaigns during his service in Vietnam from 24 June 1969 to 12 March 1970, but his DD Form 214 does not show that he was awarded the Vietnam Service Medal with two bronze service stars or the Republic of Vietnam Campaign Medal with 1960 Device. ...
ARMY | BCMR | CY2007 | 20070017974
The applicant requests correction of his records to show award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and any other awards based on his service in the Republic of Vietnam. There is no evidence that shows the 697th Engineer Company (Pipeline) was deployed to the Republic of Vietnam or that it provided direct or indirect support functions related to the Vietnam conflict; and c. in the absence of sufficient evidence that shows the 697th Engineer Company...
ARMY | BCMR | CY2008 | 20080013272
Application for correction of military records (with supporting documents provided, if any). 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.
ARMY | BCMR | CY2009 | 20090001109
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Therefore, it would be appropriate to correct his records to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and...