BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100017801 


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, award of the Republic of Vietnam Campaign Medal for his service during the Vietnam Conflict and its addition to his DD Form 214 (Report of Separation from Active Duty), dated 14 September 1976.

2.  He states he served during the Vietnam Conflict from 1971 to 1976 with a combat tour in Northern Thailand in 1973.  He did not serve in a combat unit; he was part of the Army Security Agency Radio Research Field Station (RRFS) in Nanson, Thailand.  He states he never received his campaign ribbon and the ribbon does not appear on his DD Form 214.

3.  He provides his DD Form 214. 

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 military records show he enlisted in the Regular Army (RA) in pay grade E-1 on 12 October 1971, for 3 years.  He completed training and was awarded military occupational specialty 71L, Clerk Typist.  

3.  He was honorably discharged from active duty for the purpose of immediate reenlistment on 14 September 1972 and issued DD Form 214.  

4.  He reenlisted in the RA on 15 September 1972 for 4 years.  He served in Thailand from 3 November 1973 through 2 November 1974, a period of 1 year.

5.  He was honorably released from active duty in pay grade E-5 on 14 September 1976 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal and Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal 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 for 6 months.  Such individual must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal.  

8.  Army Regulation 600-8-22 also states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  The award was authorized for service in Thailand (only for those in direct support of the Cambodia operation) from 29 March to 15 August 1973.


9.  Army Regulation 600-8-22 further 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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records does not show the applicant met the criteria for award of the Republic of Vietnam Campaign Medal for his period of service in Thailand.  Regulatory guidance required the individual to provide direct combat support to forces in the Republic of Vietnam and defined "direct support:  as services being supplied to the combat forces in the area of operations.  The regulation also specified an individual must meet the criteria established for the Armed Forces Expeditionary Medal or the Vietnam Service Medal.  There is insufficient evidence to show that he met the criteria for either award.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

2.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20100017801



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ABCMR Record of Proceedings (cont)                                         AR20100017801



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