IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100016492
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, correction of his record to show award of the Vietnam Service Medal (VSM) and any other awards and decorations to which he is entitled.
2. The applicant states he should be eligible for the VSM for his service with the 7th Radio Research Field Station (RRFS) in Thailand that ended in March 1975.
3. The applicant provides copies of reassignment orders and his DD Form 214 (Report of Separation from Active Duty).
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 28 February 1973. Upon completion of initial entry training, he was awarded military occupational specialty (MOS) 05D (Electronic Warfare/Signals Intelligence Identifier) and served in that MOS until he was honorably relieved from active duty on 27 February 1976 after completing 3 years of active military service.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar and Hand Grenade Bar.
4. His DA Form 2-1 (Personnel Qualification Record) shows he served in Thailand from 24 March 1974 to 10 March 1975 in item 5 (Oversea Service). Item 35 (Record of Assignments) shows he was assigned for duty in Thailand with the 7th RRFS.
5. 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. 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.
6. General Orders Number 7, issued by Headquarters, Vint Hill Farms Station, on 14 January 1976, announced award of the Army Good Conduct Medal (AGCM) (First Award) to the applicant.
7. The version of Army Regulation 635-5 (Separation Documents) in effect at the time provided that item 26 of the DD Form 214 would list decorations and awards for an individual's entire Army service.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Thailand after the period of eligibility for the VSM had ended. Therefore, he is not entitled to correction of his record to show this award.
2. However, the evidence does show he received an award that is not listed on his DD Form 214. General orders announced award of the AGCM to the applicant. Therefore, he is entitled to correction of his record to show this award.
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 is 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 AGCM (First Award) 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 the VSM.
____________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) AR20100016492
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016492
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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