IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110009748
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 he was authorized the Republic of Vietnam Campaign Medal and that he was an M60 machine gunner.
2. He states he served 18 months of duty in the northeast province of Thailand while drawing hazardous duty pay. He adds that they were told by their commanding officer that they would be awarded the Republic of Vietnam Campaign Medal. He states he served with the 442d Signal Battalion and was an M60 machine gunner.
3. He provides his DD Form 214 and DD Form 256A (Honorable 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's military records show that he enlisted in the Regular Army on 14 November 1967. He completed training, was awarded the military occupational specialty of 31M (radio relay and carrier operator), and was promoted to pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served as a radio relay and carrier operator in Thailand while he was assigned to the 55th Signal Company from 8 June through 3 November 1968 and the 379th Signal Battalion (attached to Company B, 442d Signal Battalion) from 4 November 1968 to 27 November 1969.
4. His DA Form 20 lists award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal. However, both of these entries are lined through. There is no evidence of record showing he served as an M60 machine gunner.
5. On 15 September 1970, he was honorably released from active duty.
6. There is no evidence of record which shows his units served in direct support of operations in Vietnam.
7. There is no evidence of record which shows he served in Vietnam.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the Republic of Vietnam Campaign Medal. This medal 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 during this period. 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 for 6 months and meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal.
9. Direct support is defined in Army Regulation 600-8-22 as services being supplied to combat forces in the area of eligibility 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 the applicant served as a radio relay and carrier operator during his tour in Thailand.
2. His commanding officer may have mistakenly told his Soldiers that they were eligible for the Republic of Vietnam Campaign Medal. However, "direct support" is defined as services being supplied to combat forces in the area of eligibility by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area. The applicant has provided no evidence that shows he entered an area of eligibility.
3. There is no evidence of record and the applicant has provided no evidence which shows he served a period of qualifying service in Vietnam or that while serving in Thailand he served in direct support of operations in Vietnam. Therefore, there is insufficient evidence on which to base adding the Republic of Vietnam Campaign Medal to his DD Form 214.
4. There is no evidence he served as an M60 machine gunner. In any case, duty positions are not entered on the DD Form 214.
5. In view of the foregoing, there is an insufficient basis for granting the applicant's 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 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) AR20110009748
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ABCMR Record of Proceedings (cont) AR20110009748
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