BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110013751
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 (VSM) and Republic of Vietnam Campaign Medal with Device 1960 (RVNCM).
2. The applicant states he was awarded the VSM and RVNCM; however, these awards were mistakenly omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and page 2 of a 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 records show he was inducted into the Army of the United States on 30 August 1966. He was trained in, awarded, and served in military occupational specialty 91B (Medical Specialist).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from 14 March 1967 to 11 March 1968. Item 38 (Record of Assignments) shows he served with the 31st Field Hospital during this period of service. It does not show he directly supported operations in the RVN
4. There are no permanent change of station (PCS) orders, temporary duty orders, or any other official documents in his service records that show he was ordered to or served in the Republic of Vietnam (RVN). In addition, there are no documents to show he ever served in direct support of operations in the RVN during his foreign service.
5. He was honorably released from active duty on 29 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 shows the following entries:
* item 22c (Foreign and/or Sea Service) U.S. Army Pacific (USARPAC) for a period of 11 months, and 28 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show any Vietnam service-related awards
6. The applicant provides page two of a letter from an unknown source dated
21 June 2011. It shows the Tactical Army Command, Integrated Logistics Support Center, Clothing and Heraldry Product Support Integration Directorate, shipped him the VSM and RVNCM.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
a. Paragraph 2-13 contains guidance on award of the VSM and it states it is awarded to all members of the Armed Forces of the United States serving in Vietnam and the 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.
b. Paragraph 9-13 contains guidance on award of the RVNCM. It is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973. It is also authorized for those who served outside of the geographical limits of the RVN and contributed direct combat support to the RVN and Armed Forces for 6 months.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's foreign service was performed in Thailand; however, it fails to provide any evidence to show he ever served in direct support of operations in the RVN. As a result, the regulatory criteria necessary for award of the VSM and the RVNCM has not been satisfied in this case. Accordingly, there is insufficient evidence to grant relief in this case.
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) AR20110013751
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