IN THE CASE OF:
BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013502
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 the Vietnam Service Medal be added to his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he served in Northeast Thailand from 23 August 1970 to 23 August 1971.
3. The applicant provides:
* DD Form 214 for the period ending 15 March 1976
* DA Form 2-1 (Personnel Qualification Record, Part II)
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 (RA) on 29 January 1970 for a period of 3 years. He completed his training and was awarded military occupational specialty 31M (radar relay and carrier attendant). Records show he arrived in Thailand on 23 August 1970. On 22 December 1970, he was honorably discharged for immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 December 1970 shows he was authorized the National Defense Service Medal.
3. He reenlisted on 23 December 1970 for a period of 3 years. His reenlistment contract shows he was assigned to the 442nd Signal Battalion in Thailand. Records show he departed Thailand on 23 August 1971. On 24 September 1973, he was honorably released from active duty to join the Army National Guard (ARNG). His DD Form 214 for the period ending 24 September 1973 does not show any awards.
4. After serving 6 months and 20 days of service in the ARNG, he enlisted in the RA on 10 June 1974 for a period of 3 years. On 15 March 1976, he was honorably discharged. His DD Form 214 for the period ending 15 March 1976 shows he was authorized the National Defense Service Medal and Armed Forces Expeditionary Medal (Korea).
5. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in:
* Thailand from 23 August 1970 through 23 August 1971
* Germany from November 1972 through December 1972
* Korea from 20 June 1974 through 16 July 1975
6. There is no evidence which shows he served in Vietnam.
7. There is no evidence that shows his unit in Thailand served in direct support of operations in Vietnam.
8. 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. 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 participating forces in the area of eligibility and includes:
* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant provided no evidence to show he served in Vietnam.
2. There is no evidence that shows the applicant's unit in Thailand served in direct support of operations in Vietnam; i.e, that he actually entered Vietnam.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130013502
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ABCMR Record of Proceedings (cont) AR20130013502
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