IN THE CASE OF:	  

		BOARD DATE:  29 August 2013

		DOCKET NUMBER:  AR20130001780 


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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he served in Thailand in 1962 and is entitled to the above awards.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge), a list of Army Post Office Numbers to locations during the Vietnam War, page 1 of his DA Form 24 (Service Record), and five pages of military awards listed on a commercial internet site.  

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 7 October 1960, completed training, and was awarded the military occupational specialty 919 (Operating Room Specialist).

3.  He served with the 31st Field Hospital, located at the Korat Royal Thai Air Force Base in south-central Thailand, from 23 May 1962 through 15 July 1963.  

4.  The applicant was honorably released from active duty on 22 July 1963.  His DD Form 214 lists his awards as the National Defense Service Medal and the Marksman Marksmanship Qualification Badge.

5.  The commercial awards listings provided by the applicant list the basic eligibility requirements for award of the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and state that all recipients of the Vietnam Service Medal are authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document does not show the 31st Field Hospital was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

7.  Department of the Army General Order Number 8 (DAGO 8), dated 19 March 1974, confirmed the Republic of Vietnam Gallantry Cross Unit Citation with Palm was awarded for service in Vietnam from 8 February 1962 through 28 March 1973 to Headquarters, U.S. Military Assistance Command and its subordinate units and to the U.S. Army, Vietnam and its subordinate units serving in the Republic of Vietnam from 20 July 1965 to 28 March 1973. 

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  It is authorized for service in Vietnam from 1 July 1958 to 3 July 1965 and during Operation Frequent Wind, 29 - 30 April 1975.  The only period of service in Thailand this award was authorized for is from 29 March 1973 to 15 August 1973 but only for those in direct support of Cambodia operations. 
	b.  Individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965, may, upon request, be issued the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.

	c.  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, from 3 July 1965 through 28 March 1973.  Members of the U.S. Armed Forces in Thailand, Laos, or Cambodia during the same period and who were serving in direct support of operations in Vietnam are also eligible for this award.

	d.  "Direct support" is defined as services being supplied to the combat forces in an area of operations by ground units, ships, and/or aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area (emphasis added), and/or ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.  

	e.  The Gallantry Cross was awarded by the Vietnamese government for valorous combat achievement.  It is awarded in four degrees: 

* With Palm--To a unit which is cited before the Armed Forces 
* With Gold Star--To a unit which is cited before a corps 
* With Silver Star--To a unit which is cited before a division
* With Bronze Star--To a unit which is cited before a regiment or brigade 

9.  The following historical information drawn from Wikipedia and the military unit's histories websites.  

	a.  U.S. Military Assistance Command, Vietnam (MACV) was a Joint-Service Command of the U.S. Department of Defense created on 8 February 1962 to assist the Military Assistance Advisory Group (MAAG) Vietnam, for controlling advisory and assistance efforts in Vietnam.  It was reorganized on 15 May 1964 and absorbed MAAG, Vietnam.  MACV was disestablished on 29 March 1973.

	b.  Official U.S. military presence in Thailand started in April 1961 with U.S. Military Assistance Command, Thailand (MACT) being created on 15 May 1962.  The MACT command combined the men and equipment of a U.S. Joint Task Force in Thailand; the Joint U.S. Military Assistance Group, Thailand; and other U.S. military elements deployed to Thailand into an unified command.  MACT was disestablished in June 1976.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show service in Thailand from 23 May 1962 through 15 July 1963.  His service on active duty ended 2 years prior to the creation of the Vietnam Service Medal.  

2.  At the time he was on active duty, service in Vietnam was recognized by award of the Armed Forces Expeditionary Medal.  There was no entitlement to this medal for personnel assigned duty in Thailand during the same period.  

3.  The 31st Field Hospital was under the command of MACT, not MACV.  Award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, even under DAGO 8, requires an actual presence in Vietnam.  

4.  The applicant has not provided and the record does not contain any evidence that he performed duties within the territorial boundaries of Vietnam.  Therefore, he has not established that he is authorized award of the Armed Forces Expeditionary Medal, Vietnam Service Medal, or the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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)                                         AR20130001780



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ABCMR Record of Proceedings (cont)                                         AR20130001780



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