IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120011422 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam (RVN).  In addition, he requests award the Vietnam Service Medal, RVN Campaign Medal with Device (1960), and all awards and decorations he is entitled to.  

2.  The applicant states was assigned to the 302nd Signal Battalion, Thailand.  The applicant states while assigned in Thailand he spent two months on temporary duty (TDY) in support of operations in the RVN.

3.  The applicant provides no additional documents in support of his application.

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 3 December 1968.  He completed training and he was awarded military occupational specialty 36K (Wireman).

3.  On 12 August 1969, the applicant arrived in Thailand and was assigned to A Company, 302nd Signal Battalion.  On 28 April 1970, he was assigned to the 5th Field Hospital, Bangkok, Thailand.  On May 1970, he departed Thailand and was assigned to the Medical Holding Company, Walter Reed General Hospital, Washington, DC.

4.  There are no orders in the applicant's military service records showing he was TDY in the RVN while assigned in Thailand or evidence that shows the period he was TDY in the RVN.

5.  On 22 February 1972, the applicant was honorably released from active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the applicant's DD Form 
214 shows:

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

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  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.  

9.  Army Regulation 600-8-22 states the RVN 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 RVN required the individual to provide direct combat support to the RVN and Armed Forces.

10.  Army Regulation 600-200 (Enlisted Personnel Management) in effect at the time establishes standardized policy for the preparation of the DA Form 20.  For item 41 it states enter all awards, decorations, service medals, Good Conduct Medal, badges, and citations (including unit citations) which the individual is authorized and which can be substantiated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show award the Vietnam Service Medal and the RVN Campaign Medal with Device (1960), and all awards and decorations he is entitled to was carefully considered and it was determined there is sufficient evidence to support his request.

2.  There are no TDY orders in the applicant's military service records that show he served in the RVN.  However, item 41 of his DA Form 20 shows he was authorized the Vietnam Service Medal and the RVN Campaign Medal with Device (1960).  It appears the applicant's command authorized the Vietnam Service Medal and the RVN Campaign Medal with Device (1960) for support of operations in the RVN.  Therefore, his DD Form 214 should be amended to show award of the Vietnam Service Medal and the RVN Campaign Medal with Device (1960).

3.  There is no evidence in the applicant military service records and he has not provided evidence that shows the exact dates he was TDY in the RVN.  In the absence of corroborating evidence, there is insufficient evidence to change his military service records to show the period he served in the RVN.




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 evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The Board further determined that 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 adding the period of service in the RVN to his DD Form 214.



      _______ _   __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)                                         AR20120011422





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ABCMR Record of Proceedings (cont)                                         AR20120011422



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