Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120012587
Original file (20120012587.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120012587 


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 record to show his service in Thailand and to show any awards he may be entitled to based on that service.

2.  He states he deployed to Nakhon Phanom Royal Thai Air Force Base, Thailand, with an Army Security Agency (ASA) company and Special Forces detachment stationed at Andrews Barracks, Berlin, Germany.  He states he recalls signing a non-disclosure statement because of security issues, which should have expired by now.  The unit was associated with a training mission, but he "never really knew what it was about."  When he was released from active duty at Fort Dix, NJ, he noted his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was not entirely correct, but he was told by an officer he could get it corrected later.

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.  On 25 January 1971, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty (MOS) 12A (Pioneer).  He later served in MOS 12B (Combat Engineer).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Germany with the 42nd Engineer Company from 21 June 1971 to 13 January 1973.

4.  His record is void of documentation showing he deployed to Thailand or showing he was authorized awards for service in Thailand.

5.  On 15 January 1973, he was honorably released from active duty by reason of the early release of an overseas returnee.  He completed 1 year, 11 months, and 21 days of total active service, with 1 year, 6 months, and 26 days of foreign service.

DISCUSSION AND CONCLUSIONS:

There is no evidence showing the applicant served in Thailand or that he was authorized awards for service in Thailand.  In the absence of such evidence, there is no basis for making the corrections he seeks.  

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)                                         AR20120012587





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012587



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110015855

    Original file (20110015855.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show the Vietnam Service Medal with 7 bronze service stars and the Meritorious Unit Commendation (1st Oak Leaf Cluster). The applicant contends his record should be corrected to show the Vietnam Service Medal with service stars representing his participation in 7 campaigns and two awards of the Meritorious Unit Commendation. ____________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of...

  • ARMY | BCMR | CY2013 | 20130013502

    Original file (20130013502.txt) Auto-classification: Denied

    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. There is no evidence of record and the applicant provided no evidence to show he served in Vietnam. _______ _ 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.

  • AF | BCMR | CY2010 | BC-2009-00617

    Original file (BC-2009-00617.txt) Auto-classification: Denied

    During the same period, the 354th TFW were awarded the PUC during the period of 10 October 1972 to 30 April 1973 and the AFOUA from 15 June 1970 to 15 May 1972. The complete AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the 353th TFS was awarded the RVGC w/palm during the time he was deployed to Thailand from 12 October 1972 to 21 January 1973. In this regard, we...

  • ARMY | BCMR | CY2014 | 20140008589

    Original file (20140008589.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). However, his DD Form 214 does not show this overseas service. The applicant contends his DD Form 214 should be corrected to show his overseas service in Thailand.

  • ARMY | BCMR | CY2013 | 20130021606

    Original file (20130021606.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Overseas Ribbon (interpreted to mean overseas service bars). Army Regulation 600-8-22 (Military Awards) states: a. His unit's contributions during his service in Thailand are not in question; however, there is...

  • ARMY | BCMR | CY2011 | 20110010344

    Original file (20110010344.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) provides the following: a. the Armed Forces Expeditionary Medal (AFEM) was established on 4 December 1961 and may be awarded to members of the Armed Forces of the United States who after 1 July 1958: (1) participate, or have participated, as members of U.S. military units in a U.S. military operation in which service members of any Military Department...

  • ARMY | BCMR | CY2011 | 20110019491

    Original file (20110019491.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Force of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Overseas Service Ribbon. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. The evidence of record shows he served in...

  • ARMY | BCMR | CY2015 | 20150001667

    Original file (20150001667.txt) Auto-classification: Denied

    The other part of his tour was served at Warin, Thailand, operating the AN/TRC 24 station from Ubon AFB to Site Warin. He has made inquiries to people who were stationed at the same locations in the 442nd Signal Battalion, at/or about the same time period, via a Facebook Group "All Thailand, Laos, Cambodia Signal Sites," if they had been issued these awards. Another individual requested reconsideration of an earlier request for award of the Vietnam Service Medal and Vietnam Campaign Medal.

  • ARMY | BCMR | CY2009 | 20090005907

    Original file (20090005907.txt) Auto-classification: Approved

    The evidence of record shows the applicant was awarded the Vietnam Service Medal. The evidence of record shows that the applicant served in Korea from on or about 25 August 1973 to on or about 2 December 1973. Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

  • ARMY | BCMR | CY2010 | 20100010891

    Original file (20100010891.txt) Auto-classification: Approved

    The DD Form 214 which was issued at the time of his 1971 discharged contained multiple errors but did indicate the applicant was entitled to both the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). c. Appendix B (The U.S. Army in Thailand During the Vietnam Conflict) of Vietnam Order of Battle (A Complete Illustrated Reference to U.S. Army Combat and Support Forces in Vietnam 1961-1973) authored by Captain Shelby L. Stanton, notes that the 57th...