IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011179
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show awards of the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM).
2. The applicant states his records show that he was awarded the VSM and the RVNCM and he desires to have them added to his DD Form 214.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record).
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 enlisted in the Regular Army on 8 December 1965 for a period of 3 years and training as a construction equipment operator. He completed his basic training at Fort Dix, New Jersey and his advanced individual training at Fort Leonard Wood, Missouri before being transferred to Camp Essayons, Thailand on 16 May 1966 for assignment to B Company, 538th Engineer Battalion. He was advanced to the pay grade of E-4 on 20 December 1966.
3. He departed Thailand on 22 April 1967 and was transferred to Fort Belvoir, Virginia where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS) on 6 December 1968. He had served 2 years, 11 months, and 29 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with rifle bar, and a Letter of Commendation.
4. A review of his official records shows that his DA Form 20 reflects that he was awarded the VSM and RVNCM and that they were not issued.
5. 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.
6. 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.
7. Information obtained from the internet revealed the primary mission of the 538th Engineer Battalion was to assist the 809th Engineer Battalion in completing the highway between Korat and Sattahip.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the awards of the VSM and RVNCM should be entered on his DD Form 214 because they are reflected on his DA Form 20 has been noted.
2. Although the two awards are entered on the DA Form 20, it appears that those entries were made in error as there is no evidence in his official records to show that he served in direct support of military operations in Vietnam.
3. The applicable regulations require that individuals serving in Thailand must serve in direct support of operations in Vietnam and must enter the area of operations in order to be eligible for those awards. The available evidence shows his units primary mission was performed in Thailand.
4. Therefore, in the absence of such evidence, there appears to be no basis to grant his request at this time.
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) AR20120011179
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ABCMR Record of Proceedings (cont) AR20120011179
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