BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100001074 


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 correction of his military records to show award of the Vietnam Expeditionary Medal [correctly known as the Armed Forces Expeditionary Medal (AFEM)] for Thailand, the National Defense Service Medal (NDSM), and any other medals or awards he may be authorized.

2.  The applicant states he is eligible for award of the AFEM which he wants to exchange for the Vietnam Service Medal (VSM) and the Republic of Vietnam (RVN) Campaign Medal.  He also states that since his discharge in 1966 there have been many changes in the requirements for receiving these medals.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Discharge or Separation), dated 11 February 1966, and a copy of his DA Form 20 (Enlisted Qualification Record) in support of his request.

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 records show he enlisted in the Regular Army on 12 February 1963.

3.  The applicant's records show he was assigned to the 44th Engineer Group from 26 June 1964 to 18 July 1965.  During this assignment he served in Thailand from 25 June 1964 to 27 June 1965.

4.  He was honorably released from active duty on 11 February 1966 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal.

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-10 contains guidance on the NDSM and states that it is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

6.  Army Regulation 600-8-22 provides that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Table 2-4 (AFEM - Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation) lists Thailand during the period 29 March 1973 to 15 August 1973 as eligible for the AFEM only for those in direct support of Cambodia operations.

7.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the VSM and states that it 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. 
Qualifying service included attachment or assignment to an organization participating in or directly supporting operations in Vietnam for 1 or more days.  Members serving in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.

8.  The RVN Campaign Medal with Device (1960) is awarded by the Government of the Republic of Vietnam to members of the United States Army.  To qualify for award personnel must have served in the RVN for 6 months during the period 1 March 1961 to 28 March 1973, inclusive, or have served outside the geographical limits of the RVN and contributed direct combat support to the RVN and Armed Forces for 6 months.  Such individuals must meet the criteria established for the AFEM (Vietnam) or the VSM, during the period of service required to qualify for the RVN Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that based on his active duty during a qualifying period, the applicant is eligible for the NDSM.  Therefore, it would also be appropriate to add this award to his DD Form 214.

2.  The applicant contends he should be awarded the AFEM for his service in Thailand during the period 25 June 1964 to 27 June 1965.  Although Army Regulation 600-8-22 designates Thailand as a U.S. military operation for award of AFEM, it is for a period well beyond the applicant's period of service in Thailand.  Therefore, he is not entitled to have his record corrected to show this award.

3.  By regulation, the VSM and RVN Campaign Medal are authorized for members who served in Thailand in units providing direct support to RVN operations.  There is no evidence, nor did the applicant provide any evidence, that shows the 44th Engineer Group provided direct support to RVN operations.  Therefore, he is not entitled to have his record corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  _______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NDSM to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the AFEM, VSM, and RVN Campaign Medal.



      ___________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)                                         AR20100001074



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