IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003371
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 with one bronze service star.
2. The applicant states his DD Form 214 does not show the Vietnam Service Medal with one bronze service star.
3. The applicant provides his DD Form 214 and 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 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 records show he enlisted in the Regular Army on 17 September 1964 and he held military occupational specialty 92C (Petroleum Laboratory Specialist). He served in Thailand from 16 April 1965 to 13 April 1966 while assigned to the 590th Quartermaster Company.
3. He was honorably released from active duty on 15 September 1967 and transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 29 days of creditable active service.
4. The DD Form 214 he was issued shows the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.
5. His record is void of any documentation that shows he was ordered to Vietnam or that his service in Thailand was in direct support of combat operations in Vietnam.
6. The applicant provides a letter, dated 12 May 1992, from the U.S. Army Reserve Personnel Center to a senator wherein it stated the Vietnam Service Medal with one bronze service star was being forwarded to the applicant.
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 of the Armed Forces of the United States 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. Bronze service stars are not authorized for the Vietnam Service Medal when awarded for service in Thailand, Laos, or Cambodia.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was assigned to Thailand from 16 April 1965 to 13 April 1966. However, the evidence of record does not show and he did not provide any evidence that shows he served in Vietnam for at least 1 day or that his service in Thailand was in direct support of combat operations in Vietnam. Therefore, there is an insufficient evidentiary basis for granting the requested relief.
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) AR20120003371
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ABCMR Record of Proceedings (cont) AR20120003371
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