IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100018649
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) to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
2. He states, in effect, he served in Thailand for 10 months in support of Vietnam.
3. He provides no documents in support of his application.
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 record shows he:
* enlisted in the Regular Army on 7 April 1948 through 6 April 1951
* reenlisted on 7 April 1951 through 5 April 1957
* enlisted in the Regular Army on 29 April 1957 through 28 April 1961
* reenlisted on 29 April 1961 through 28 April 1964
* reenlisted on 29 April 1964 through 28 April 1967
* reenlisted on 29 April 1967
* retired on 30 April 1968
3. His DD Form 214 for the period ending 28 April 1967 shows in:
* Item 11b (Station or Installation at Which Effected) the entry "Camp Friendship, Thailand"
* Item 12 (Last Duty Assignment and Major Command) the entry "501st Field Depot, APO SF 96233, USARPAC [U.S. Army Pacific]"
* Item 22c (Foreign and/or Sea Service) the entry "USARPAC 0 1 13" indicating 1 month and 13 days
4. His DD Form 214 for the period ending 30 April 1968 shows in:
* Item 12 (Last Duty Assignment and Major Command) the entry "501st Field Depot, USARPAC"
* Item 20 (Place or Entry into Current Active Service) the entry "Camp Friendship, Thailand"
* Item 22c (Foreign and/or Sea Service) the entry "USARPAC 0 10 9"
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign, Ribbons Awarded or Authorized) of his DD Forms 214 do not show award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).
6. The applicant was honorably retired on 30 April 1968, in the rank/grade of sergeant major (SGM)/E-9, by reason of retirement with over 20 years of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Retired).
7. 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 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
Although evidence in the applicant's service personnel records shows that he served a tour of duty in Thailand with the 501st Field Depot, there is no evidence nor did he provide any evidence that shows he or his unit served in direct support of military operations in the Republic of Vietnam. Therefore, there is insufficient evidence to warrant granting the applicant's requested relief.
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) AR20100018649
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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