IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20140000956
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 campaign medals.
2. The applicant states he was stationed with an Army advisory group in Thailand for about 15 months. Their unit's job was to supply, train, and operate with the Royal Thai Army. The work ranged across the country to the Burma and Cambodian borders and occasional flights to Vietnam. His unit was eligible for the Vietnam Service Medal but there was a mistake prior to his discharge that resulted in the omission of the award on his DD Form 214. He believes the sergeant in charge purposely left the awards off to settle a personal conflict.
3. The applicant provides a 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 8 September 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from 12 June 1968 to 27 August 1969. It also shows he was assigned to the U.S. Military Assistance Command Thailand and Joint U.S. Military Advisory Group Thailand (USMACT/JUSMAGT).
4. His record is void of evidence and he has not provided any to show that while assigned to the USMACT/JUSMAGT, this unit provided direct support to military operations in Vietnam, which involved actually entering the designated area.
5. He was released from active duty on 29 August 1969. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. 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
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the Vietnam Service Medal has been carefully considered.
2. The Vietnam Service Medal is authorized to members who served in Thailand. However, the evidence must show that their units provided direct support to military operations in Vietnam. The applicant did not provide evidence, and his record does not show his unit provided direct support to units serving in Vietnam as defined in Army Regulation 600-8-22. In the absence of such evidence, there is no 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) AR20140000956
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ABCMR Record of Proceedings (cont) AR20140000956
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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