IN THE CASE OF:	  

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019491


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 Force of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Overseas Service Ribbon.

2.  The applicant states he was assigned overseas in Thailand but he was billeted in Vietnam for over 2 weeks in 1967 on the way to Thailand.

3.  The applicant provides:

* Reassignment orders
* Page 3 of his DA Form 20 (Enlisted Qualification Record)
* 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 31 October 1966 for a period of 3 years.  He completed his training and he was awarded military occupational specialty 62J (general construction machine operator).

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he was assigned to the U.S. Army Pacific (USARPAC) in Thailand from 2 October 1967 through 19 October 1968
* item 38 (Record of Assignments) he was assigned to the:

* 101st Engineer Detachment (in Thailand) from 19 October 1967 through 25 October 1967
* 697th Engineer Company (in Thailand) from 26 October 1967 through 5 November 1967
* 809th Engineer Battalion (in Thailand) from 6 November 1967 through 30 November 1967
* 101st Engineer Detachment attached to the 809th Engineer Battalion (in Thailand) from 1 December 1967 to 19 October 1968

4.  He departed Vietnam on 19 October 1968 en route to his next assignment in the United States.  He was honorably released from active duty on 30 October 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time does not list the awards in question.

5.  There is no evidence of record and the applicant did not provide any corroborating evidence that shows he served in Vietnam.

6.  He provided reassignment orders, dated 2 November 1967, that show he was reassigned from the 697th Engineer Company, 101st Engineer Detachment in Thailand to the 809th Engineer Battalion (Construction) in Thailand effective 
2 November 1967.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military 


decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

	b.  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.

	c.  the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Thailand from October 1967 to October 1968.  The reassignment orders provided by the applicant do not show he was stationed in Vietnam but show he was reassigned from one unit in Thailand to another unit in Thailand.  There is no evidence of record which shows he served in Vietnam or that he provided direct combat support to the Republic of Vietnam.  Therefore, there is an insufficient evidentiary basis for adding the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214.


2.  Since the applicant did not have an active Army Status on or after 1 August 1981, he is not entitled to the Overseas Service Ribbon.  Therefore, there is no basis for granting this portion of his 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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20110019491



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