IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021244
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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign, Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards to which he is entitled based on his service in Thailand as a Vietnam supporter.
2. He states:
* item 22 (Foreign and/or Sea Service) of his DD Form 214 shows he served in the U.S. Army Pacific (USARPAC) for 9 months and 2 days
* he served in Thailand support of Vietnam operations
* he has no campaign ribbons, medals, or commendations
3. He provides a copy of 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 record shows he was inducted into the Army of the U.S. on 14 January 1971.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served from 19 June 1971 through 20 March 1972 in USARPAC Thailand
* item 41 (Awards and Decorations) the National Defense Service Medal and Vietnam Service Medal
* item 38 (Record of Assignments) he was assigned to:
* Company A, 302nd Signal Battalion (Support) - USARPAC - Thailand from 22 June 1971 to 4 January 1972 as a switchboard operator
* Headquarters and Headquarters Troop, U.S. Army Strategic Command - Thailand from 4 January to 18 March 1972 as a switchboard operator
4. His record contains a copy of Special Orders Number 063, issued by Headquarters U.S. Army Training Center, Fort Campbell, KY, dated 11 March 1971, which shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
5. He was honorably released from active duty on 23 January 1973 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining reserve obligation. He completed 2 years and 10 months of total active service. Item 24 of his DD Form 214 shows the National Defense Service 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 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. Evidence of record shows he was awarded the Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle. Therefore, his DD Form 214 should be corrected to show this qualification badge.
3. There is no evidence he qualified for or was awarded any other awards or decorations during his military service.
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 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 item 24 of his DD Form 214 the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
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 adding any additional awards or decorations to his DD Form 214.
_______ _ 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) AR20100021244
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110015855
The applicant requests, in effect, correction of his records to show the Vietnam Service Medal with 7 bronze service stars and the Meritorious Unit Commendation (1st Oak Leaf Cluster). The applicant contends his record should be corrected to show the Vietnam Service Medal with service stars representing his participation in 7 campaigns and two awards of the Meritorious Unit Commendation. ____________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2014 | 20140015514
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all medals, awards, ribbons, and citations he is entitled to, including awards for service in support of operations in Vietnam. A review of his record failed to show he is eligible for any awards other than those previously recorded on his DD Form 214 and the marksmanship badges...
ARMY | BCMR | CY2013 | 20130002103
c. Item 24 shows he was authorized one overseas service bar; however, he served in Vietnam for three 6-month periods during this period of service. Therefore, he is entitled to correction of his DD Form 214 to show he was authorized three overseas service bars. Therefore, he is entitled to correction of this DD Form 214 to show he was authorized three overseas service bars.
ARMY | BCMR | CY2010 | 20100024715
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 * DA Form 20 CONSIDERATION OF EVIDENCE: 1. 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.
ARMY | BCMR | CY2007 | 20070003964
The applicant's DD Form 214 shows in Block 22 (Statement of Service) subparagraph c (Foreign And/Or Sea Service) "1 year, 0 months, 0 days" and it does not list the last overseas theater in which he performed his service. The applicant's record shows conclusively that he served for 1 year in Thailand with USASTRACOM in the United States Army, Pacific Command theater of operations. The applicant's record contained Special Orders awarding him the Expert Marksmanship Badge with Rifle on 15...
ARMY | BCMR | CY2014 | 20140007322
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 his Vietnam service and the Vietnam 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 qualifying service in Vietnam after 3 July 1965 through 28 March 1973.
ARMY | BCMR | CY2014 | 20140013473
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he was credited with Vietnam service beginning on 10 November 1970 * item 38 (Record of Assignments) * he was assigned to Headquarters and Headquarters Company, 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division, from 15 November 1970 through on or about 9 June 1971 * he was assigned as a patient...
ARMY | BCMR | CY2010 | 20100030338
Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows he served in USARV for 4 years, 5 months, and 3 days; c. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Meritorious Unit Commendation, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with (1960) Device, and six Overseas Service Bars. Army Regulation 600-8-22 (Military Awards)...
ARMY | BCMR | CY2012 | 20120012778
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 July 1972 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar. The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be...
ARMY | BCMR | CY2012 | 20120010541
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good...