IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130020752
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 Campaign Medal.
2. The applicant states he was stationed in Korat, Thailand, and he was supposed to get this medal. He and others were all willing to give their lives for justice and freedom. His base was next to an air base for the 12th Tactical Fighter squadron whose planes went to Vietnam every day. He tested the ammunition before it was loaded on the planes to Vietnam. When he came home, everyone one hated them. He was recently told Agent Orange was used in Thailand. He has had stomach trouble since he came home from Thailand.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Request for Overseas Assignment
* 9th Logistical Command News Bulletin
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 27 July 1962 and he held military occupational specialty 55B (Ammunition Storage Specialist).
3. He served in Thailand from 8 November 1964 to 20 July 1965. He was assigned to 738th Engineer Company (Supply Point).
4. He was honorably released from active duty on 23 July 1965. His DD Form 214 shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. He provides:
a. A request for overseas assignment, dated 11 May 1964, that shows he preferred to be assigned in South Vietnam.
b. A news bulletin of the 9th Logistical Command, dated 27 April 1965. It states that Thailand offered the use of its bases such as Korat and Udorn as starting points for aircraft to attack.
6. Army Regulation 600-8-22 (Military Awards) 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:
* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty
DISCUSSION AND CONCLUSIONS:
1. Award of the Vietnam Campaign Medal is reserved to those Soldiers who served in Vietnam. However, Soldiers who were stationed in selected locations outside Vietnam and provided direct support to the war effort in Vietnam are also eligible for this medal.
2. Members in Thailand who served 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.
3. Regrettably, there is insufficient evidence the applicant provided direct support or entered Vietnam. As a result, there is insufficient evidence to support awarding him the Vietnam Campaign 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) AR20130020752
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130020752
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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