IN THE CASE OF:	  

		BOARD DATE:	  7 January 2015

		DOCKET NUMBER:  AR20140005969 


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 reconsideration a the portion of his previous request to add the Vietnam Service Medal and the Royal Thai Army Parachutist Badge and Fourragere (Novice) .  He also requests reconsideration of his previous request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 6 October 1972 to show his service in Thailand, which was not addressed in the first case.

2.  The applicant states a letter from Colonel (COL) W, the Executive Officer (XO) of Operational Detachment A-231 (ODA-231), confirms his deployment to Nam Phong, Thailand in the Vietnam Theater of Operations and his award of the Royal Thai Army Parachutist Badge and Fourragere (Novice) in 1972.

3.  The applicant provides:

* a letter, dated 24 March 2014, from COL W
* his previous application with enclosures
* Army Board for Correction of Military Records (ABCMR) Docket Number AR20120018313, dated 16 May 2013

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120018313, on 16 May 2013.

2.  The letter, dated 24 March 2014, from COL W is new evidence that merits consideration by the Board.

3.  On 7 March 1969, he was inducted into the Army of the United States.  He was discharged on 12 March 1969 and immediately enlisted on 13 March 1969 in the Regular Army for 3 years.

4.  On 16 April 1970, he was assigned to Company B, 1st Special Forces Group (Airborne) (SFG(A)), 1st Special Forces (SF) on Okinawa.  According to a letter from the XO of ODA-231, dated 24 March 2014, the applicant was deployed to Bangkok, Thailand in December 1971 and joined ODA-231 in January 1972.  He remained with ODA-231 until the detachment's return to Okinawa in May 1972.

5.  On 10 June 1972, he was assigned to Company C, 2nd SF Battalion, 
1st SFG(A), 1st SF on Okinawa.

6.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Royal Thai Army Airborne Wings.

7.  On 6 October 1972, he was released from active duty.  His DD Form 214 does not show he was awarded or authorized the Vietnam Service Medal or the Royal Thai Army Parachutist Badge.

8.  Item 30 (Remarks) of his DD Form 214 contains the entry "RVN  NO,  INDOCHINA  NO, KOREA  NO."

9.  The applicant provided a letter, dated 24 March 2014, from COL W.  COL W stated:

	a.  He was the XO for ODA-231 of the 1st SFG(A) that was deployed to Nam Phong, Thailand in November 1971 to participated in a classified operation directed by the U.S. Central Intelligence Agency in Southeast Asia.

	b.  In December 1971, the applicant was deployed to Bangkok, Thailand and joined ODA-231 in January 1972.  He remained with ODA-231 until the detachment's return to Okinawa in May 1972.

	c.  He understood that northeast Thailand was considered part of the Vietnam Theater of Operations and that deployment for military operations to that area for 
30 days or more resulted in a military member being awarded the Vietnam Service Medal.

	d.  While in Nam Phong, Thailand the applicant participated in parachute jumps on 12 February, 4 March, and 22 April 1972.  These jumps included Royal Thai Army Special Forces personnel.  After the jumps and prior to the applicant's redeployment to Okinawa, personnel from the Royal Thai Army presented him with a Royal Thai Army Parachutist Badge and Fourragerre (Novice). 

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal 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.  To qualify for award of the Vietnam Service Medal an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting (defined as services being supplied to participating forces in the area of eligibility) military operations, or be attached to or regularly serve for 1 or more days aboard a Naval vessel directly supporting military operations, or actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations, or serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.  

	b.  Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of host country then the decoration may be accepted and worn by U.S. Army enlisted personnel.

		(1)  Commanders (overseas and continental U.S.) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D, including the Royal Thai Army Parachutist Badge. 
		(2)  This authority may be further delegated to commanders charged with custody of military personnel record files. The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated inclusive dates for service in Indochina and Korea on or after 5 August 1964 were entered in item 30 (Remarks) by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Service in Indochina included service in Thailand.  To show service in Indochina (other than Vietnam) the entry would read "INDOCHINA - YES, VIETNAM - NO, KOREA - NO."

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Service Medal was awarded to service members serving in Vietnam from 3 July 1965 through 28 March 1973.  Members serving in Thailand during the same period must have been serving in direct support of operations in Vietnam.  There is no evidence the applicant was in Vietnam and there is no evidence that Nam Phong, Thailand was considered to be in the Vietnam Theater of Operations.  There is no evidence the applicant was serving in direct support of operations in Vietnam while he was in Thailand.  Therefore, he is not entitled to the Vietnam Service Medal.

2.  The XO of ODA-231 stated the applicant was presented the Royal Thai Army Parachutist Badge and Fourragerre (Novice) by Royal Thai Army personnel.  However, there are no orders, citations, or other original copies of the foreign elements that awarded him the badge in his MPRJ.  Therefore, without orders showing he was awarded Royal Thai Army Parachutist Badge this badge cannot be added to his DD Form 214.

3.  COL W stated the applicant was assigned to ODA-231 in Thailand from January to May 1972.  Therefore, the entry in item 30 of his DD Form 214 should read "INDOCHINA - YES, VIETNAM - NO, KOREA - NO." 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20120018313, dated 16 May 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 30 of his DD Form 214 with an effective date of 6 October 1972 as follows:

* deleting from item 30 (Remarks) of his DD Form 214 the entry "RVN NO, INDOCHINA NO, KOREA NO" and replacing it with the entry 
* "INDOCHINA - YES, VIETNAM - NO, KOREA - NO"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Vietnam Service Medal and the Royal Thai Army Parachutist Badge and Fourragere (Novice).



      __________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)                                         AR20140005969



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005969



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1