IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110010344 


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 that he be awarded the appropriate medals to reflect his service in Thailand during the Vietnam War and correction of the date of separation on his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant states he served in Thailand from 2 January 1964 through 1 January 1965 and believes he qualifies for "Vietnam medals" or other awards.  His DD Form 214 shows his date of separation as 4 April 1966 whereas his DA Form 20 (Enlisted Qualification Record) shows 4 August 1966.

3.  The applicant provides copies of his DD Form 214 and DA Form 20.

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 9 April 1963.

3.  His DD Form 214 shows 2 years, 11 months, and 26 days of creditable service, a date of separation of 4 April 1966, and lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the National Defense Service Medal. 

4.  The applicant's DA Form 20 provides the following:

	a.  advancement to specialist four (E-4) effective 18 November 1964;

	b.  service in Thailand with Company A, 809th Engineer Battalion from 2 January 1964 through 1 January 1965;

	c.  service in Okinawa with the 526th Engineer Detachment from 29 November 1965 through 23 July 1966;

	d.  date of release from active duty as 4 August 1966; and

	e.  award of the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  His DD Form 214 shows his separation date as 4 April 1966 and his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the National Defense Service Medal. 

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  His separation orders shows a date of release from active duty on 4 August 1966.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam theater of operations.  This document shows that while the applicant was assigned to the 809th Engineer Battalion, it was cited for award of the Meritorious Unit Commendation in accordance with Department of Army General Order (DAGO) 22, dated 1966.  



9.  DAGO 22 authorized award of the Meritorious Unit Commendation to the 809th Engineer Battalion for meritorious conduct from February 1961 to February 1966 in the construction of the Freedom Highway, creating a link between the Gulf of Thailand and northeast Thailand.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards for this applicant. 

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Armed Forces Expeditionary Medal (AFEM) was established on 4 December 1961 and may be awarded to members of the Armed Forces of the United States who after 1 July 1958: 

		(1)  participate, or have participated, as members of U.S. military units in a U.S. military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers.  

		(2)  encounter during such participation foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize.  

		(3)  service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations or for 60 nonconsecutive days provided this support involved entering the area of operations.

		(4)  direct support is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided in involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designate area of eligibility.  

	b.  the Vietnam Service Medal was established on 8 July 1965.  It was awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. Upon request (unit personnel officer) any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal; and 

	c.  the Republic of Vietnam Campaign Medal was awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces having served either in the Republic of Vietnam for 6 months or served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months.  Such individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is authorized the Meritorious Unit Commendation which is not listed on his DD Form 214.  It is appropriate to correct this oversight.

2.  The date of release from active duty on the applicant's DD Form 214 is incorrectly shown as 4 April 1966; the correct date is 4 August 1966.  It is appropriate to correct this apparent typographical error.

3.  There is no indication that during the period the applicant served with the 809th Engineer Battalion in Thailand, members of this unit were authorized or eligible for award of the Armed Forces Expeditionary Medal, Vietnam Service Medal, or the Republic of Vietnam Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing that in addition to the awards listed on his DD Form 214, he is also authorized award of the Meritorious Unit Commendation; and 
	b.  showing his period of active duty as 9 August 1963 through 4 August 1966 on his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to any additional awards or decorations.



      ____________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)                                         AR20110010344



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ABCMR Record of Proceedings (cont)                                         AR20110010344



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