IN THE CASE OF:	  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120010464 


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 award of the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Patch [Shoulder Sleeve Insignia]

2.  The applicant states:

* his DD Form 214 shows his tour of duty in Thailand during the Vietnam War
* based upon Army Regulations, he is entitled to the awards and combat patch

3.  The applicant provides:

* DD Form 214
* 2-page extract from Volume 1, Issue 1, "Truckmaster," dated July 2000

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 30 November 1966.  He completed training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).  The highest rank/grade he attained while on active duty was staff sergeant/E-6.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service), USARPAC (U.S. Army Pacific), Thailand, 7 June 1967 through 6 May 1968
* Item 38 (Record of Assignments), 590th Supply & Service Company (Direct Support), Thailand
* Item 41 (Awards and Decorations):

*	National Defense Service Medal
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant was honorably released from active duty on 1 December 1969 and transferred to the U.S. Army Control Group (Annual Training).  He completed 3 years of creditable active military service and 11 months of foreign service in Thailand.  The DD Form 214 he was issued at the time of his separation shows he was awarded the following:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  A review of the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not show orders assigning him to the Republic of Vietnam and he does not provide any.



6.  The applicant provides a 2-page extract from Volume 1, Issue 1 of "Truckmaster," an online publication of the Association of U.S. Army Transporters in Thailand, dated July 2000.  The 2-page extract contains information on the 519th Transportation Battalion.

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal was established on 8 July 1965.  It is 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.  

8.  Army Regulation 600-8-22 provides, in pertinent part, for the definition of direct support.  It states that direct support occurs when services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided, involve actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.

9.  Army Regulation 600-8-22 states 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.  

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Combat Patch was carefully considered.

2.  The applicant’s 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.  Regretfully, there is insufficient evidence to show the applicant met the criteria for award of the Vietnam Service Medal or Republic of Vietnam Campaign Medal with Device (1960).

4.  With respect to award of the combat patch, the shoulder sleeve insignia – former wartime service is an item of clothing it is not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in military records.  

5.  In view of the foregoing, there is no basis for granting the requested relief.

6.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20120010464



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ABCMR Record of Proceedings (cont)                                         AR20120010464



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