IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120012192 


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 (VSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), and any other awards he may be entitled to.

2.  He states he believes he is eligible for the VSM and the RVN Campaign Medal with Device (1960) due to his service in support of the Vietnam Conflict at an Army signal base in Bang Pla, Thailand, in 1966 handling the majority of the operational traffic.

3.  He provides his 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 was inducted into the Army of the United States on 30 April 1965.  After completing initial entry training, he was awarded military occupational specialty 72B (Communications Center Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he was credited with service in Thailand from 16 March 1966 to 19 April 1967; and

	b. item 38 (Record of Assignments), he was assigned to the U.S. Army Strategic Communications Command Facility, Bangkok, Thailand, from 18 March 1966 to 18 April 1967 with duty at Bang Pla, Thailand, from 23 June 1966 to 14 February 1967.

4.  He was honorably released from active duty as an overseas returnee on 19 April 1967.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal (1st Award), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  His record is void of documentation showing he was authorized the VSM or the RVN Campaign Medal with Device (1960).

6.  Army Regulation 600-8-22 (Military Awards) states the VSM 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 to 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.

7.  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 Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show the VSM, RVN Campaign Medal with Device (1960), or any other awards for his service in Thailand.

2.  The VSM may be awarded to service members in Thailand who served in direct support of operations in Vietnam; however, direct support is defined as services being supplied to combat forces in Vietnam by ground units, ships, and aircraft providing supplies and equipment to the forces concerned – provided it involved actually entering the designated area – and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

3.  The available evidence does not show the applicant provided any of the types of direct support required by the governing regulation for award of the VSM for service in Thailand.  Therefore, there is no basis for correcting his record to show this award.

4.  Qualifying service for award of the RVN Campaign Medal with Device (1960) outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces.  The record does not show he provided the requisite direct combat support.  Therefore, there is no basis for correcting his record to show this award.

5.  A review of the applicant's record does not indicate he is entitled to any additional awards or decorations.

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 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)                                         AR20120012192



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ABCMR Record of Proceedings (cont)                                         AR20120012192



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