BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20130020963
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 Campaign Medal wih Device (1960).
2. The applicant states he served in Korat, Thailand, from 1966 to 1967.
3. The applicant provides a statement from a friend.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he was inducted into the Army of the United States on 20 January 1966 and he held military occupational specialty 76W (Petroleum Storage Specialist).
3. He served in Thailand with the 596th Quartermaster Company from on or about 25 June 1966 to on or about 10 June 1967.
4. He was honorably released from active duty on 19 January 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. There is nothing in his record that shows he served in Vietnam.
6. He submitted a statement from an individual who served with him in Thailand. The individual states they both worked on gasoline storage areas. The author also comments on the applicants back injury.
7. Army Regulation 600-8-22 (Military Awards) states:
a. 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 six 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
b. 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 there over after 3 July 1965 through 28 March 1973. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over during the same period and serving in direct support of operations in Vietnam are also eligible for this award. Direct support occurs when services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft, involve actually entering the designated area of eligibility. This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. Award of Vietnam Service Medal and the Republic of Vietnam Campaign Medal are 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 those medals.
2. Members in Thailand who served in direct support of operations in Vietnam are also eligible for these awards. "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 Service Medal or the 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) AR20130020963
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ABCMR Record of Proceedings (cont) AR20130020963
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