IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130004054
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 item 24 (Decorations Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he is authorized the Vietnam Service Medal.
2. The applicant states the Vietnam Service Medal is not shown on his DD Form 214.
3. The applicant provides:
* National Personnel Records Center Letter, dated 11 February 2013
* DD Form 214
* DA Form 2627 (Summarized Record of Proceedings Under Article 15, UCMJ)
* Three Pages of his DA Form 20 (Enlisted Qualification Record)
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 16 January 1967, the applicant was assigned for duty as a construction machine operator with the 538th Engineer Battalion (Construction) in Thailand. He served with this unit until his return to the United States on 15 December 1967, completing 11 months and 5 days service in Thailand.
3. He was released from active duty on 7 August 1968. His DD Form 214 shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The "Vietnam Order of Battle" by Shelby L. Stanton, with foreword by General William C. Westmoreland, 1989, provides at Appendix B, a listing of those Army units that fulfilled direct or indirect support functions related to the Vietnam conflict to the extent that they received Vietnam service credit in recognition of their supporting role. The 538th Engineer Battalion (Construction) is listed as one of these supporting units for the period from 14 July 1965 to 15 June 1970.
5. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. This 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. Qualification for campaign participation credit is limited to those serving within the defined combat zone.
6. Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with 1960 Device. This medal 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 applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows the applicant served in Thailand from 11 January until 15 December 1967 with the 538th Engineer Battalion (Construction), in direct/indirect support functions related to the Vietnam conflict. Therefore, he is authorized the Vietnam Service Medal.
3. The available evidence shows that the applicant performed qualifying service outside the geographical limits of the Republic of Vietnam and provided direct combat support to the Republic of Vietnam and Armed Forces. Therefore, he is authorized the Republic of Vietnam Campaign Medal with 1960 Device.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 that he is authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with 1960 Device.
__________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) AR20130004054
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ABCMR Record of Proceedings (cont) AR20130004054
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