IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100006869 


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 reconsideration of an earlier request for award of the Armed Forces Expeditionary Medal (AFEM), Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states:

* His records exclude medals for service in Southeast Asia, Thailand, and Vietnam
* Any period of time in Vietnam is sufficient to establish the presumption of exposure to Agent Orange
* He spent 24 hours in Saigon, Vietnam en route to Thailand in January 1963
* He flew from Oakland, California to Saigon where he was picked up at the airport, he spent 24 hours at an Air Force Base, and the next day he was sent to Thailand on a military plane    

3.  The applicant provides:

* DD Form 214 (Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* Letter, dated 25 July 2008, from the Department of Veterans Affairs (DVA) referencing exposure to Agent Orange
* DVA articles and material pertaining to "Serving in Thailand Appeal Cases"
* Entries from his service record
* DA Form 20 (Enlisted Qualification Record)
* Letter, dated 17 July 1968, from Headquarters, United States Army Support Command, Thailand     

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090001164, on 14 April 2009.

2.  The applicant's contention he spent 24 hours in Saigon, Vietnam at an Air Force Base en route to Thailand in January 1963 is a new argument that will be considered by the Board.

3.  The applicant’s military records are not available for review.  However, this case is being considered using reconstructed records which primarily consists of the records provided by the applicant.

4.  The applicant's DD Form 214 shows:

* He enlisted in the Regular Army on 11 January 1962 for a period of 3 years
* His military occupational specialty was 462.10 (canvas and leather repairman)  

5.  The applicant's service record shows:

* He departed Travis Air Force Base, United States on 17 January 1963
* Arrived in Thailand on 22 January 1963
* He was assigned to the 590th Quartermaster Company during his assignment in Thailand
* He departed Thailand on 10 July 1963

6.  On 23 December 1964, the applicant was honorably released from active duty.

7.  The applicant's DD Form 214 shows the Marksman, Sharpshooter, and Expert Marksmanship Qualification Badges with Rifle Bar as authorized awards. 

8.  There is no evidence of record which shows the applicant's unit served in direct support of operations in Vietnam.

9.  There is no evidence of record which shows the applicant served in Vietnam.

10.  The applicant provided a letter from Headquarters, United States Army Support Command, Thailand, dated 17 July 1968, which authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) for all personnel serving in Thailand.  The distribution list included members assigned to the 256th Personnel Service Company; the 538th Engineer Battalion; the 809th Engineer Battalion; the 46th Special Forces Company; U.S. Army Area Support Headquarters, Bangkok; and U.S. Army Area Support Headquarters, Sattahip.       

11.  A DD Form 215, dated 5 August 2009, amended the applicant's DD Form 214 by adding the Good Conduct Medal and National Defense Service Medal.  

12.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  

13.  Army Regulation 600-8-22 states the Vietnam Service 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.  

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months during this period.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces for 6 months and meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served as a shoe repairman while assigned to the 590th Quartermaster during his assignment in Thailand.  

2.  The applicant's contention he spent 24 hours in Saigon, Vietnam at an Air Force Base en route to Thailand in January 1963 was carefully considered.  However, there is no evidence of record and the applicant has provided no evidence which shows he served a period of qualifying service in Vietnam or that while serving in Thailand he served in direct support of operations in Vietnam.  His unit is not shown on the 17 July 1968 letter from Headquarters, United States Army Support Command, Thailand which authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) for all personnel serving in Thailand.  Therefore, there is insufficient evidence on which to base award of the AFEM, Vietnam Service Medal, or Republic of Vietnam Campaign Medal with Device (1960).

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 to amend the decision of the ABCMR set forth in Docket Number AR20090001164, dated 14 April 2009.




      _______ _   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)                                         AR20100006869



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)