IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000343
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 award of the Vietnam Service Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he served at Camp Vayama in Thailand. According to DOD Regulation 1338, service in Vietnam, Laos, Cambodia, and Thailand qualify for award of the Vietnam Service Medal.
3. On 5 June 2013, the applicant submitted a letter to this Board requesting his case be expedited since he was admitted to Brooklyn Veterans Hospital emergency room for pneumonia of lung infection complicating his existing condition. He provided a copy of a medical report, dated 10 October 2012 (related to cell carcinoma of the right upper lobe) and requested his case be promptly processed before his condition deteriorates.
4. The applicant provides an internet listing of U.S. Army units in Thailand.
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 applicants records show he was inducted into the Army of the United States on 13 April 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), on or about 30 September 1966.
3. On 21 September 1967, he was reassigned to Headquarters and Headquarters Company (HHC), U.S. Army Support Thailand.
4. On 27 September 1967, Headquarters, 499th Transportation Battalion (Terminal) published Special Orders Number 190 further assigning him to the 233rd Transportation Company, effective 27 September 1967 (Thailand).
5. On 18 January 1968, Headquarters, 499th Transportation Battalion (Terminal) published Special Orders Number 12 ordering him to report to the Chavalet Hotel, Bangkok, with further assignment to the U.S. Army Transfer Station Bangkok, Thailand effective on or about 5 April 1968.
6. He departed Thailand on 4 April 1968 for the U.S. Army Personnel Center, Oakland, CA. He was honorably released from active duty on 5 April 1968.
7. His DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), and the Good Conduct Medal.
8. There is nothing in his records that shows he served in Vietnam.
9. He submitted an internet printout of units that served in Thailand. Units are listed by designation, activity, period, and location. The 233rd Transportation Company is listed as having been in Sattahip, Thailand from 14 November 1966 to 20 December 1968.
10. 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. Direct support occurs when services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft, 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.
DISCUSSION AND CONCLUSIONS:
His service and his unit's contributions during his service in Thailand are not in question. However, there is insufficient evidence that shows his service was in direct support of operations in Vietnam. 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.
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) AR20130000343
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