IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100007369 


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 award of the Vietnam Service Medal and the Army Commendation Medal.

2.  The applicant states the following:

* he had boots on the ground in Vietnam 
* he was based in Thailand in direct support of the war and was regularly in and out of Vietnam
* he meets the criteria for the Vietnam Service Medal and the Army Commendation Medal
* he received the Republic of Vietnam Campaign Medal a few years ago, but he did not receive the Vietnam Service Medal
* he is not sure if the Republic of Vietnam Campaign Medal and the Vietnam Service Medal are the same award

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Internet information on the Vietnam Service Medal and the Army Commendation Medal.

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 enlisted in the Regular Army on 15 February 1963.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from 7 November 1963 through 8 November 1964 with the 207th Signal Company.

4.  His service record does not contain evidence which shows he served in direct support of operations in Vietnam.

5.  The evidence of record does not show the applicant was recommended for or awarded the Army Commendation Medal.  His service record does not contain orders for award of the Army Commendation Medal.

6.  The applicant was released from active duty on 14 February 1966.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year and 2 days of foreign service in Thailand.

7.  The applicant’s DD Form 214 shows entitlement to the following:

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* letter of commendation
* letter of appreciation

8.  The applicant’s service record contains a DA Form 1577 (Authorization for Issuance of Awards), dated 13 July 1993, which shows he was issued a Republic of Vietnam Campaign Medal with Device (1960).

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.  Additionally, item 41 (Awards and Decorations) of his DA Form 20 does not list the Army Commendation Medal.


10.  Army Regulation 600-8-22 (Military Awards) 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 to 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.

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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 or more.  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.

12.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, Soldier Programs and Services Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions in regard to his entitlement to the Vietnam Service Medal based on his service in Thailand in direct support of Vietnam are acknowledged.  However, the evidence of record does not support his claims.

2.  Although the DA Form 1577, dated 13 July 1993, shows the applicant was issued a Republic of Vietnam Campaign Medal with Device (1960), it is unclear why he was issued a campaign medal when there is no evidence of record which confirms he met the eligibility requirements for this campaign medal.

3.  The applicant’s DA Form 20 shows he served in Thailand from November 1963 to November 1964.  However, no evidence is available which confirms he served in direct support of the Republic of Vietnam during his assignment in Thailand.  Therefore, there is insufficient evidence on which to grant him award of the Vietnam Service Medal.

4.  There is no evidence of record which shows the applicant was recommended for or awarded the Army Commendation Medal.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the Army Commendation Medal.

5.  While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 for correction of the records of the individual concerned.



      ____________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)                                         AR20100007369



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ABCMR Record of Proceedings (cont)                                         AR20100007369



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