IN THE CASE OF:	  

		BOARD DATE:	 26 May 2011 

		DOCKET NUMBER:  AR20100027669 


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 all the awards he is authorized to include the Vietnam Service Medal and Republic of Vietnam Campaign Medal.

2.  He states he did not know he was entitled to the Vietnam Service Medal and Republic of Vietnam Campaign Medal until he applied for Department of Veterans Affairs (VA) benefits and he was denied benefits because of the lack of proof of these service medals.

3.  He provides:

* DD Form 214
* National Personnel Records Center (NPRC) letter

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 in pay grade E-1 on 6 January 1965 for 3 years.  He completed training and was awarded military occupational specialty 76Q (Special Purpose Equipment Repairer Specialist).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows the following foreign service:

* Germany from 24 May 1965 through 22 May 1966, a period of 11 months and 29 days
* Thailand from 1 January 1967 through 13 December 1967, a period of 11 months and 13 days

4.  Item 31 of his DA Form 20 does not show he served in Vietnam.  Item 38 (Record of Assignments) shows he served with the 511th General Supply (GS) Company, U.S. Army Pacific (USARPAC).

5.  Special Orders Number 167 were issued by the 501st Field Depot on 15 September 1967 reassigning him from Headquarters, U.S. Army Support-Thailand to the U.S. Army Transfer Station, Oakland, CA, with an availability date of 15 December 1967.

6.  There are no orders in his records for duty or travel to Vietnam during his period of service in Thailand.

7.  He was honorably released from active duty in pay grade E-5 on 14 December 1967 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  He was issued a DD Form 214 showing:

* in item 12 (Last Duty Assignment and Major Command) – 511th GS Company, Army Post Office San Francisco  96233 [Thailand], USARPAC
* in item 22c (Foreign and/or Sea Service) – 1 year, 11 months, and 12 days of total foreign service

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list the following awards:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  He provided a letter from NPRC, dated 4 November 2010, which advised him of the authorized shipment of the:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

10.  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.

11.  Army Regulation 600-8-22 also 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in USARPAC/Thailand from 1 January 1967 through 13 December 1967.  This information is appropriately shown in item 12 and item 22c of his DD Form 214.  His records do not show he served in Vietnam for any length of time and the documentation he submitted does not show he served in Vietnam for 1 day or more.  Notwithstanding the letter from NPRC, the evidence of record failed to show his entitlement to the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is not entitled to these awards and their addition to his DD Form 214.

2.  The evidence of record confirms he was issued a DD Form 214 for his period of service from 6 January 1965 through 14 December 1967 properly showing his last overseas command in which his service was performed and all authorized awards.

3.  His desire to have the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) added to his DD Form 214 so he can qualify for medical and/or other benefits administered by the VA and/or other Federal and State social services organizations is acknowledged; however, relief is not granted solely for the purpose of qualifying an applicant for benefits administered by those agencies.

4.  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 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)                                         AR20100027669



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027669



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1