BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100027156
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 Republic of Vietnam Campaign Medal.
2. The applicant states he served with the 809th Engineer Battalion in Thailand from 1965 to 1966 and this qualifies him for award of the Republic of Vietnam Campaign Medal.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 9 June 1964 and he held military occupational specialty 05B (Radio Operator). He served in Thailand from 1 March 1965 to 12 March 1966 while assigned to Company A, 809th Engineer Battalion.
3. There is no indication in his record that shows he provided direct combat support to the combat forces in the Republic of Vietnam while he was assigned to Company A, 809th Engineer Battalion.
4. He was honorably released from active duty on 13 March 1966 and he was transferred to the U.S. Army Reserve (USAR) Control Group Annual Training) to complete his remaining Reserve obligation. He served 1 year, 9 months, and 5 days of active service, including 1 year and 12 days was foreign service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
6. Army Regulation 600-8-22 (Military Awards) 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. For service outside the geographical limits of the Republic of Vietnam, the individual must have contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. Such individuals must meet the criteria established for the Vietnam Service Medal during the period of service required to qualify for the Republic of Vietnam Campaign Medal.
7. Army Regulation 600-8-22 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:
The evidence of record shows the applicant was assigned as a radio operator to Company A, 809th Engineer Battalion in Thailand. There is no evidence, and he did not provide any evidence, that shows he provided direct combat support to the combat forces in Vietnam during his assignment in Thailand. Therefore, there is insufficient evidence in which to base award of the Republic of Vietnam Campaign Medal.
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) AR20100027156
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ABCMR Record of Proceedings (cont) AR20100027156
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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