IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005224
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 addition of the Vietnam Service Medal (VSM) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) based on his service in Thailand.
2. He states he served in Korat, Thailand and delivered supplies and electronics to Nakhon Phanom, Thailand on the Laos border as a Microwave Repairman for backup communications to Vietnam with AN/Trac 90 TROPO equipment.
3. The applicant provides his DD Form 214 and four photographs.
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. His military personnel record shows he was inducted into the Army of the United States on 30 October 1964 and served in military occupational specialty 26L (Microwave Radio Repairman).
3. His record contains a DA Form 20 (Enlisted Qualification Record) showing:
* item 31 (Foreign Service) he served in the U.S. Army Pacific Command (Thailand) from January 1966 through January 1967
* item 38 (Record of Assignments)
* 207th Signal Company (TROPO) Thailand from 31 January 1966 through 10 January 1967
* no entries showing his unit provided direct support to the mission in Vietnam
4. His record is void of documentation to show that while assigned to the 207th Signal Company (TROPO) this unit provided direct support which involved actually entering the designated area (Vietnam).
5. His DD Form 214 shows he was honorably released from active duty on 27 October 1967. He completed 2 years, 11 months, and 28 days of net active service.
6. 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 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.
DISCUSSION AND CONCLUSIONS:
1. Army Regulation 600-8-22 authorized the VSM to members who served in Thailand in units providing direct support to Vietnam operations.
2. He has not provided sufficient evidence and his record does not contain any evidence that the 207th Signal Company (TROPO) provided direct support as defined in Army Regulation 600-8-22, to units serving in Vietnam. In the absence of such evidence, he is not entitled to 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) AR20140005224
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005224
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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