IN THE CASE OF:	  

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110013894 


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 reconsideration of his previously-denied request for award of the Vietnam Service Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 22c (Foreign and/or Sea Service) the entry “Thailand” instead of “USARPAC” [U.S. Army Pacific Command].

2.  The applicant states he served in Thailand with Company A, 538th Engineer Battalion, 44th Engineer Group, from 26 April 1966 to 11 April 1967 and needs the correction in order to become a member of the Veterans of Foreign Wars (VFW).

3.  The applicant provides a:

* self-authored statement
* letter of support, dated 23 August 2011
* copy of his DD Form 214
* three-page extract from a website
* one-page memorandum from Headquarters, U.S. Army Support, Thailand, subject:  Authority for Award of RVNCM [Republic of Vietnam Campaign Medal] and Vietnam Service Medal for Thailand Service, dated                 1 December 1970


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100023717, on 13 April 2011.

2.  The applicant provided a third-party letter of support, dated 23 August 2011 and a memorandum from Headquarters, U.S. Army Support, Thailand, dated
1 December 1970.  These items were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  As indicated in the original case, the applicant was inducted into the Army of the United States on 7 December 1965 and he held military occupational specialty 62E (Construction Machine Operator).  

4.  He was honorably released from active duty on 6 December 1967 at the expiration of his term of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record)  shows he served a tour of duty in Thailand from 26 April 1966 through 11 April 1967.  Item 38 (Record of Assignments) of his DA Form 20 shows he was en route to and later assigned from “USARPAC.”  Item 38 also shows he performed duties as a dump truck driver from 3 May 1966 through 9 April 1967 while assigned to Company A, 538th Engineer Battalion (Construction), USARPAC.

6.  Special Orders Number 69, issued by Headquarters, 538th Engineer Battalion (Construction), dated 28 March 1967, reassigned the applicant from Company A, 538th Engineer Battalion (Construction) to the 522nd Engineer Company, Fort Knox, KY.  The major command/agency listed is “USARSUPTHAI” [U.S. Army Support Thailand].

7.  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.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The regulation, in effect at the time, stated that for item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (for example, USARPAC, etc.) in which the service was performed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for reconsideration of his previously denied request for award of the Vietnam Service Medal and correction of his DD Form 214 to show in item 22c the entry “Thailand” instead of “USARPAC” has been carefully reexamined.

2.  The applicant’s qualifying period of service in Thailand is not in question; however, there is insufficient evidence that shows his service in Thailand was in direct support of operations in Vietnam.

3.  Direct support occurs when services being supplied to participating forces in the area of eligibility involve actually entering the designated area of eligibility.  Therefore, absent any evidence indicating he or his unit served in direct support of operations in the Republic of Vietnam, the regulatory criteria necessary to support award of the Vietnam Service Medal for service in Thailand has not been satisfied in this case.

4.  Although evidence clearly shows he served in Thailand during the period
26 April 1966 to 11 April 1967, the entry “USARPAC” is properly annotated in item 22c of his DD Form 214.  Thailand was located within the USARPAC theater and there is no regulatory requirement to list individual countries in this block.  


However, the regulation does allow for additional information to be placed in the remarks section when needed.  Therefore, since there was no prohibition from making such entries for service in Thailand and since the intent of the DD Form 214 is to provide pertinent information to employers and service organizations, the applicant’s request appears to have merit.  Accordingly, item 30 of his        DD Form 214 should be corrected to show the entry “Service in Thailand from 19660426 – 19670411.”

5.  With respect to joining the VFW, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The enrollment criteria are not within the purview of this Board.  Therefore, questions pertaining to VFW enrollment eligibility should be addressed to that organization.

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 overall merits of this case are sufficient as a basis to partially amend the decision of the ABCMR set forth in Docket Number AR20100023717, dated 13 April 2011 by adding to item 30 of his DD Form 214 the entry “SERVICE IN THAILAND FROM 19660426 – 19670411.”

2.  The Board further determined 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 award of the Vietnam Service Medal.



      ___________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)                                         AR20110013894



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ABCMR Record of Proceedings (cont)                                         AR20110013894



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