IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100023172 


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 award of the Vietnam Service Medal (VSM) based on his service in Thailand and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add this award.

2.  He states he served with the 334th Signal Company (Support) during his tour of duty in Thailand and handled communications for U.S. military personnel in Laos, Cambodia, and Vietnam.

3.  He provides:

* his reassignment orders for Thailand
* 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.  His military personnel record shows he was inducted into the Army of the United States on 24 November 1965 and served in military occupational specialty 72B (Communications Center Specialist).

3.  He provided Headquarters, U.S. Army Personnel Center, Special Orders Number 226 issued on 14 August 1966 that show he was scheduled to depart Travis Air Force Base, California, on 15 August 1966 for reassignment to Thailand.

4.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows the following:

* item 31 (Foreign Service) – he served in the U.S. Army Pacific Command (Thailand) from 15 August 1966 through 16 November 1967
* item 38 (Record of Assignments) –

* 105th Signal Detachment (Service) from 17 August 1966 through 5 November 1967
* 334th Signal Company (Support) from 6 through 9 November 1967

* item 41 (Awards and Decorations) –

* National Defense Service Medal (NDSM)
* Army Good Conduct Medal (AGCM) (First Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His record contains Headquarters, 29th Signal Group, U.S. Army Strategic Command (STRATCOM), Special Orders Number 4 issued on 16 December 1966 for promotion to specialist four.  These orders identify his major command promotion authority as U.S. Army STRATCOM.  

6.  His record is void of evidence and he has not provided any to show that while assigned to the 105th Signal Detachment (Service), this unit provided direct support which involved actually entering the designated area (Vietnam).

7.  His DD Form 214 shows he was honorably released from active duty on 10 November 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation.  He completed 1 year, 11 months, and 17 days of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded:

* NDSM
* AGCM (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  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.

9.  Army Regulation 600-8-22 states the Republic of Vietnam (RVN) 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 RVN required the individual to provide direct combat support to the RVN and Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 600-8-22 authorized the VSM and RVN Campaign Medal with Device (1960) to members who served in Thailand in units providing direct support to RVN operations.  

2.  He has not provided sufficient evidence and his record does not show his unit provided direct support as defined in Army Regulation 600-8-22, to unit serving in Vietnam.  In the absence of such evidence, he is not entitled to the 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)                                         AR20100023172



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ABCMR Record of Proceedings (cont)                                         AR20100023172



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