BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004623 


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 "Vietnam medals earned while serving in Thailand."

2.  He states he did not receive credit for Vietnam service while assigned to the 331st Supply Company, U.S. Army Support, Thailand (USARSUPTHAI), from 24 April 1967 to 17 April 1968.  He requests the update to establish qualification of membership in the Veterans of Foreign Wars (VFW).

3.  He provides:

* memorandum, subject:  Operational Report - Lessons Learned, Headquarters, 9th Logistical Command, Period Ending 31 July 1967, with associated documents
* excerpts from a book entitled Vietnam Order of Battle printed from the USARSUPTHAI Association web page
* his DD Form 214
* e-mail

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.  On 11 July 1966, the applicant enlisted in the Regular Army.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – he was credited with completion of a 12-month tour in Thailand during the period 24 April 1967 through 17 April 1968
* item 38 (Record of Assignments) – he was assigned to duty in Thailand with the 331st Supply Company from 26 April 1967 to 5 April 1968

4.  He was honorably released from active duty on 17 June 1969.  His DD Form 214 shows he was awarded or authorized the Army Good Conduct Medal and National Defense Service Medal.

5.  His record is void of documentation showing he was authorized the Vietnam Service Medal (VSM) or the Republic of Vietnam (RVN) Campaign Medal with Device (1960).

6.  He provides:

	a.  A memorandum, subject:  Operational Report - Lessons Learned, Headquarters, 9th Logistical Command, Period Ending 31 July 1967, dated 2 February 1968, with associated documents.  These documents do not show that the 331st Supply Company provided direct support to combat forces in Vietnam.

	b.  Excerpts from a book entitled Vietnam Order of Battle printed from the USARSUPTHAI Association web page.  The document lists units deployed to Thailand and shows the 331st Supply and Service Company was in Thailand from 15 July 1965 through 20 December 1968.  The excerpts include the statement that the units listed "fulfilled direct or indirect support functions related to the Vietnam conflict to the extent that most received Vietnam service credit in recognition of their supporting role."  The excerpts do not specify that the 331st Supply Company provided direct support to combat forces in Vietnam.

	c.  E-mail, dated 1 March 2014, indicating his eligibility for VFW membership was in question due to the absence of the VSM and RVN Campaign Medal in his record.

7.  Army Regulation 600-8-22 (Military Awards) states the VSM 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 to 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.

8.  Army Regulation 600-8-22 states the RVN 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show he earned medals for support of operations in Vietnam while serving in Thailand.

2.  The VSM may be awarded to service members in Thailand who served in direct support of operations in Vietnam; however, direct support is defined as services being supplied to combat forces in Vietnam by ground units, ships, and aircraft providing supplies and equipment to the forces concerned – provided it involved actually entering the designated area – and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

3.  The available evidence does not show the applicant provided any of the types of direct support required by the governing regulation for award of the VSM for service in Thailand.  Therefore, there is no basis for correcting his record to show this award.

4.  Qualifying service for award of the RVN Campaign Medal with Device (1960) outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces.  The record does not show he provided the requisite direct combat support.  Therefore, there is no basis for correcting his record to show this award.

5.  In view of the foregoing, there is no basis upon which 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)                                         AR20140004623





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ABCMR Record of Proceedings (cont)                                         AR20140004623



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