IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140003985
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any awards and decorations to which he is entitled for his foreign service in Thailand.
2. The applicant states he did not receive a ribbon for his service in Thailand and Southeast Asia.
3. The applicant provides no additional evidence.
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 26 November 1965 and held military occupational specialty 82B (Construction Surveyor). The highest rank/grade he attained while serving on active duty was specialist five/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the U.S. Army Pacific Command (USARPAC) in Thailand, from 18 January 1967 to 20 January 1968, where he served with Headquarters and Headquarters Company, 538th Engineer Battalion. There is no indication in the available record that shows this unit served in direct support of operations in Vietnam.
4. He was honorably released from active duty on 25 November 1968. His
DD Form 214 shows he completed 3 years of net active service, of which 1 year and 2 days were credited as foreign service with USARPAC. His DD Form 214 further shows he was authorized the National Defense Service Medal.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
a. Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal, which was awarded to all members of the Armed Forces of the United States serving in Vietnam, and the 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 were also eligible for this award.
b. Paragraph 9-13 contains guidance on awarding the Republic of Vietnam Campaign Medal, which was authorized for members who served in the Republic of Vietnam for 6 months or more during the period 1 March 1961 through 28 March 1973. It was also authorized for those who served outside of the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's foreign service was performed in Thailand; however, his record does not contain and he has not provided sufficient evidence to show he served in direct support of operations or contributed to direct combat support in Vietnam. As such, there is insufficient evidence to grant him any additional awards or decorations.
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) AR20140003985
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ABCMR Record of Proceedings (cont) AR20140003985
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