BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130021606 


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 he was awarded or authorized the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Overseas Ribbon (interpreted to mean overseas service bars).

2.  The applicant states:

* he should have overseas stripes on his sleeve; he spent 21 months and 16 days overseas and he should have 1 stripe for active duty
* he found out that his unit was awarded the Vietnam Ribbon; he was assigned to the 538th Engineer Battalion in Thailand and the unit was in direct support of the war effort
* he needs his DD Form 214 updated for veteran benefits from the Department of Veterans Affairs (VA) and the Veteran of Foreign Wars (VFW)

3.  The applicant provides a printout titled "Historical Background of the 44th Engineer Group (Construction) in Thailand, 1962-71."

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’s records show he enlisted in the Regular Army on 11 June 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 62B (Engineering Equipment Repairman). 

3.  He served in Thailand from on or about 13 August 1966 to on or about         26 April 1968.  During this period he was assigned to Company A, 538th Engineer Battalion (Construction). 

4.  He was honorably released from active duty on 29 April 1968.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Army Good Conduct Medal.

5.  His record does not contain documentation that shows he served in or entered the Republic of Vietnam.  

6.  He submitted an internet printout pertaining to someone's perspective regarding the historical background of the 44th Engineer Group in Thailand from 1962 to 1971.  

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 538th Engineer Battalion was cited for award of the:

* Meritorious Unit Commendation for service from 1 January to 31 December 1969, based on department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 May 1970 to 14 April 1971 based on DAGO Number 6, dated 1974

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. 

DISCUSSION AND CONCLUSIONS:

1.  With respect the Vietnam Service Medal, the applicant served in Thailand; he did not serve in the Republic of Vietnam.  His unit's contributions during his service in Thailand are not in question; however, there is insufficient evidence that shows his service was in direct support of operations in Vietnam.  Direct support occurs when services being supplied to participating forces in the area of eligibility involve actually entering the designated area of eligibility.  Regretfully, there is insufficient evidence to show he met the criteria for award of the Vietnam Service Medal.

2.  The 538th Engineer Battalion was indeed cited for the Meritorious Unit Commendation for service from 1 January to 31 December 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 3 May 1970 to 14 April 1971.  The applicant was not assigned to this unit during either period.  He was assigned to this unit from on or about 13 August 1966 to 26 April 1968.  He does not qualify for these unit awards.  
3.  The applicant mentions the Overseas Ribbon.  It is unclear if he means the Overseas Service Ribbon or the overseas service bar.   

	a.  The Overseas Service Ribbon was established in 1981.  It may be awarded retroactively provided a member had an Active Army status on or after 1 August 1981.  The applicant does not meet the criteria for this award. 

	b.  Overseas service bars are items of clothing; they are not awards or decorations.  As such, they are not authorized for entry on the DD Form 214. 

4.  In view of the foregoing, there is an insufficient basis to grant the 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)                                         AR20130021606





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ABCMR Record of Proceedings (cont)                                         AR20130021606



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