BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100017548
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record) to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
2. He states the medals were not recorded on his DD Form 214 or DA Form 20 due to an oversight.
3. He provides the following documents in support of his application:
* Letter from Headquarters, U.S. Army Support, Thailand, dated 17 July 1968
* DD Form 214
* DA Form 20
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 applicant was inducted into the Army of the United States on 10 August 1966.
3. His DA Form 20 shows he served in Thailand from 6 January 1967 through 10 December 1967. He was assigned to the 57th Maintenance Company (Light Truck) (Direct Support).
4. He was released from active duty on 9 August 1968. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 11 months and 4 days of foreign service in the U.S. Army Pacific (USARPAC).
5. His DD Form 214 does not show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
6. 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 participating forces in the area of eligibility and includes:
* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility
7. 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.
8. Army Regulation 600-200, chapter 9, in effect at the time, prescribed instructions for preparing and maintaining the DA Form 20. In pertinent part, it stated that this chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.
DISCUSSION AND CONCLUSIONS:
1. The applicants DA Form 20 shows he served in Thailand from 6 January 1967 through 10 December 1967. Evidence confirms he served in direct support of the Republic of Vietnam during his assignment in Thailand. Therefore, there is sufficient evidence on which to grant him award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
2. The DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel. As he no longer has a military status, there is no basis to recommend that those records be changed. The DD Form 214 is the document used to record the military history of a separated individual.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x__ ____x____ _____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 to his DD Form 214 the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
2. The Board further determined that 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 correcting his DA Form 20 to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
_______ _ 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) AR20100017548
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ABCMR Record of Proceedings (cont) AR20100017548
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