BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100012051
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, that he be issued an amendment to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was in combat or in direct support of Vietnam (this has been accepted as a request for award of the Vietnam Service Medal).
2. The applicant states he wants to join a Veterans of Foreign Wars (VFW) Post.
3. The applicant does not provide any additional documents.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he was inducted in the Army on 6 August 1965, was awarded the military occupational specialty of communication center specialist, served with the U.S. Army Strategic Command, Korat Thailand, from 20 July 1966 to 25 April 1967, and was promoted to pay grade E-5.
3. He was honorably released from active duty on 19 July 1967. The DD Form 214, Item 22c, Foreign and or Sea Service, has "USARPAC [U.S. Army Pacific]
1 0 0 [1 year]."
4. Army Regulation 600-8-22 (Military Awards) provides 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant was assigned to a unit in Thailand.
2. However, there is no evidence that the applicant's unit participated in or directly supported military operations in Vietnam.
3. As such, there is insufficient evidence in which to award him the Vietnam Service Medal.
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) AR20100012051
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100012051
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130019412
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). His service record does not contain evidence that shows he served in direct support of operations in Vietnam. 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...
ARMY | BCMR | CY2012 | 20120006528
The applicant states there is no record on file of him serving in these countries except the records he provides with this application. Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2014 | 20140004623
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the VSM 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. The evidence of record does not support the applicant's request for correction of his record to show he earned medals for support of operations in Vietnam while serving in Thailand.
ARMY | BCMR | CY2009 | 20090006278
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam and Thailand and award of additional foreign service credit for Vietnam. The applicant states, in effect, that his DD Form 214 does not indicate that he served in Vietnam and Thailand or document his foreign service credit for Vietnam. The evidence of record shows the applicant served in USARPAC/Thailand from 21 June 1967 to 1...
ARMY | BCMR | CY2014 | 20140019345
The regulation governing award of the Vietnam Service Medal to members serving in Thailand during the period of eligibility states servicemembers serving in direct support of operations in Vietnam are also eligible for this award. The applicant does not provide any evidence of his direct support such as entering the designated geographic area of Vietnam or its territorial waters or airspace. This simply means he has not provided sufficient evidence to support his request for the Vietnam...
ARMY | BCMR | CY2012 | 20120012192
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal (VSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), and any other awards he may be entitled to. The evidence of record does not support the applicant's request for correction of his record to show the VSM, RVN Campaign...
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 | CY2009 | 20090016783
Although the applicant requests his military records be corrected to show a combat duty assignment while assigned to Thailand and a TDY assignment in Vietnam in May 1968, the governing regulation states that there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214. Therefore, his military records should be corrected to show the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all...
ARMY | BCMR | CY2011 | 20110004914
Application for correction of military records (with supporting documents provided, if any). With respect to award of the Meritorious Service Medal, based upon his application, the evidence of record, and accompanying supporting documents he has submitted, it does not appear that he was recommended for or awarded the Meritorious Service Medal. 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...
ARMY | BCMR | CY2008 | 20080005255
The applicant requests, in effect, that his records be corrected to show the awards of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal for serving in Thailand. The applicant states, in effect, that the U.S. Military Awards committee should review and research documentation that would justify the award of the Vietnam Service Medal to all military personnel that served in Thailand during the Vietnam War. The applicant's military personnel record shows that he was...