IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100010481 


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 Armed Forces Expeditionary Medal.

2.  The applicant states he had [boots-on-the-ground] in Vietnam when he travelled to and from Thailand between 8 February 1964 and 5 February 1965.

3.  The applicant provides the following documents:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Special Orders Number 169, dated 31 December 1963
* Special Orders Number 275, dated 14 December 1964
* Special Orders Number 23, dated 28 January 1965
* an extract of his Department of Veterans Affairs rating decision

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 for a period of 3 years on 12 February 1963 and held military occupational specialty 12A (Pioneer).

3.  His records also show he departed Travis Air Force Base, CA, on 6 February 1964 and arrived in Thailand on 8 February 1964.  He was assigned to the 561st Engineer Company and attached to the 44th Engineer Group.  He departed Thailand and arrived back at Travis Air Force Base on 5 February 1965.

4.  He was honorably released from active duty on 11 February 1966 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Marksman Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal.

6.  Nothing in his records shows he served in Vietnam.

7.  He submitted the following documents:

	a.  Special Orders Number 169, issued by the U.S. Army Armor Board, Fort Knox, KY, dated 31 December 1963, reassigning him to the 561st Engineer Company;

	b.  Special Orders Number 275, issued by the 9th Logistical Command, dated 14 December 1964, reassigning him from the 561st Engineer Company to the 1st Adjutant General Company, Fort Riley, KS;

	c.  Special Orders Number 23, issued by the 9th Logistical Command, dated 28 January 1965, amending Special Orders Number 275 to add special instructions with regard to his travel from Bangkok, Thailand; and

	d.  an extract of his Department of Veterans Affairs rating decision that shows he indicated he had a layover in Vietnam en route between the United States and Thailand, both coming and going in 1964 and 1965.


8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Vietnam Service Medal was established 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.  To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications:  (1) be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations; (2) be attached to or regularly serve for 1 or more days aboard a Naval vessel directly supporting military operations; (3) actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations; or (4) serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.

	b.  Direct support occurs when services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.

	c.  The Armed Forces Expeditionary Medal is awarded only for operations for which no other U.S. campaign medal is approved.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria:  (1) be engaged in actual combat or duty which is equally as hazardous as combat duty during the operation with armed opposition, regardless of time in the area; (2) is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; or (3) accumulate 15 days of service (consecutive/
nonconsecutive) while participating as a regularly-assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation.  No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation.

	d.  Table 2-2 provides that the Armed Forces Expeditionary Medal is authorized for designated U.S. military operations during the applicant's period of service in Cuba from 24 October 1962 to 1 June 1963, Congo from 23 to 27 November 1964, Dominican Republic from 28 April 1965 to 21 September 1966, and Korea from 1 October 1966 to 30 June 1974.  It is also authorized for designated U.S. military operations of assistance to a friendly foreign nation for service in Vietnam from 1 July 1958 to 3 July 1965, Laos from 19 April 1961 to 7 October 1962, Cambodia from 29 March 1973 to 15 August 1973, and Thailand from 29 March 1973 to 15 August 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Vietnam Service Medal and Armed Forces Expeditionary Medal.

2.  With respect to the Vietnam Service Medal, the applicant's records show he served in Thailand, not in Vietnam.  There is no evidence in his records that shows he served in Vietnam.  In the absence of additional documentation that conclusively shows he arrived in and departed from Vietnam, there is insufficient evidence to support awarding him the Vietnam Service Medal.

3.  Additionally, his service and his unit's contributions during his service in Thailand are not in question.  However, there is insufficient evidence that shows his service was in direct support of operations in Vietnam.  Direct support occurs when services being supplied to participating forces in the area of eligibility involve actually entering the designated area of eligibility.  Regretfully, there is still insufficient evidence to show that the applicant met the criteria for award of the Vietnam Service Medal.

4.  With respect to the Armed Forces Expeditionary Medal, there is no evidence that the applicant was a bona fide member of a unit participating in or engaged in the direct support of the operation in a designated area for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days' duration) or for 60 nonconsecutive days.  Therefore, he does not meet the criteria for this award.


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)                                         AR20100010481



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010481



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1