IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110008133
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 Republic of Vietnam Campaign Medal with Device (1960).
2. The applicant states that other persons stationed at the 7th Radio Research Field Station (RRFS) during the same year were authorized these medals.
3. The applicant provides 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 enlisted in the Regular Army on 12 July 1963. He completed training and was awarded military occupational specialty 98C (Traffic Analyst).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he completed two overseas tours of duty.
a. He was stationed in Okinawa from on or about 10 October 1964 to on or about 5 April 1966 where he was assigned to Operations Company, 3rd U.S. Army Security Agency, and to Headquarters (attached to Company A), 51st U.S. Army Security Agency, Special Operations Command.
b. He was stationed in Thailand from on or about 6 April 1966 to on or about 24 April 1967 where he was assigned to Detachment D, 5th Radio Research Unit, and the 7th RRFS.
4. On 24 April 1967, he was honorably released from active duty in the rank/grade of specialist five/E-5 and was transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 3 years, 9 months, and 13 days of total active service, including 1 year and 19 days of foreign service in the U.S. Army Pacific theater of operations. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Army Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
5. His available record is void of any documentation that shows he was ordered to the Republic of Vietnam or that his service in Thailand was in direct support of combat operations in Vietnam.
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 combat operations in Vietnam.
7. 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:
1. With respect to the Vietnam Service Medal, the evidence of record shows the applicant was assigned to Okinawa and Thailand; however, the evidence of record fails to show he served in the Republic of Vietnam for at least 1 day or that his service in Thailand was in direct support of combat operations in Vietnam. Absent such evidence, there is an insufficient basis to grant this portion of the requested relief.
2. With respect to the Republic of Vietnam Campaign Medal with Device (1960), qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam. The evidence of record fails to establish this; therefore, there is an insufficient basis to grant this portion of 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 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) AR20100027638
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ABCMR Record of Proceedings (cont) AR20110008133
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