BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130019412
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
2. He states the error is an oversight of clerical staff at Oakland, CA.
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. The applicant was inducted into the Army of the United States on 10 December 1965. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 219th Military Police Company in the U.S. Army Pacific (Thailand) from 18 November 1966 through 22 November 1967.
3. He was honorably released from active duty on 24 November 1967. His DD Form 214 shows in:
a. Item 22c (Foreign and/or Sea Service) he was credited with 1 year and 6 days of foreign service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign, Ribbons Awarded or Authorized) no entries for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
4. His service record does not contain evidence that shows he served in direct support of operations in Vietnam.
5. 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 the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.
6. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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 in regard to his entitlement to award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) are acknowledged. However, the evidence of record does not support his claims.
2. The evidence of record shows he served a tour of duty in Thailand with the 219th Military Police Company. However, no evidence is available which confirms he served in direct support of the Republic of Vietnam during his assignment in Thailand.
3. Therefore, there is insufficient evidence in which to grant him award of the Vietnam Service Medal or Republic of Vietnam Campaign Medal with Device (1960).
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) AR20130019412
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ABCMR Record of Proceedings (cont) AR20130019412
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