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ARMY | BCMR | CY2014 | 20140009183
Original file (20140009183.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140009183 


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 a reconsideration for award of the Vietnam Service Medal.

2.  The applicant states, in effect, that the unit he served with in Thailand did in fact provide direct support to operations in Vietnam and as such he is eligible for receipt of the Vietnam Service Medal.

3.  The applicant provides a copies of a unit history from the website Military.com and his prior application with attachments.

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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130013502 on 3 April 2014.

2.  The prior Board denied the applicant's request for the Vietnam Service Medal because the applicant had not provided and the record did not contain any evidence that the 442nd Signal Battalion provided any direct support of operations in Vietnam.  The prior Board review did not address the unit award of a Meritorious Unit Commendation that was obtained.  This is a significant omission warranting an additional review.



3.  The applicant's military service is shown as –

* Regular Army (RA) from 29 January 1970 through 22 December 1970 
* RA from 23 December 1970 through 24 September 1973
* Army National Guard from 25 September 1973 through 9 June 1974
* RA from 10 June 1974 through 15 March 1976

4.  His 22 December 1970 DD Form 214 shows he was authorized the "NDM" (National Defense Service Medal), his 24 September 1973 DD Form 214 shows no awards authorized during the period covered, and his 15 March 1976 DD Form 214 lists his authorized awards as the National Defense Service Medal and the Armed Forces Expeditionary Medal (Korea).  

5.  His DA Form 2-1 shows he served in Thailand with the 442nd Signal Battalion from 23 August 1970 through 23 August 1971.  

6.  DA General Orders 37, dated 1972, awarded the Meritorious Unit Commendation to the 442nd Signal Battalions for the period July 1969 through July 1971.  The orders noted the unit was assigned the mission of operation and maintaining the Army portion of the Integrated Communications System in Northern Thailand.  Those circuits support the vital mission of the United States Air Force unit in Thailand, who provided direct combat support to free world forces in Southeast Asia.  

7.  Army Regulation 600-8-22 (Military Awards) states 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 in Vietnam.  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.  The area of eligibility for the Vietnam Service Medal is within the actual geographical boarders of Vietnam.  The regulation defines direct support as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it in involves actually entering the designated area of eligibility (emphasis added).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any evidence he actually entered the designated area of eligibility of Vietnam in support of combat operations.  

2.  The Meritorious Unit Commendation citation awarded to his unit notes that the unit was based in Northern Thailand, where it supported the United States Air Force based in Thailand who provided direct combat support to the forced in Southeast Asia.  That is, it appears his unit provided only indirect support to the Air Force, who provided direct combat support.  Only those individuals involved in direct support are authorized the Vietnam Service Medal.

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)                                         AR20140009183



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ABCMR Record of Proceedings (cont)                                         AR20140009183



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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