IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140009771
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 the Vietnam Service Medal.
2. The applicant states item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the National Defense Service Medal (NDSM); however, he believes it should also show he was awarded or authorized the Vietnam Service Medal. He earned this medal and it is not shown on his DD Form 214.
3. The applicant provides copies of his DA Form 20 (Enlisted Qualification Record) and his DD Form 214.
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 12 October 1972. He completed training and was awarded military occupational specialty 72B (Communications Center Specialist).
3. Item 31 (Foreign Service) of his DA Form 20 shows he served in Thailand from 13 April 1973 to 12 April 1974. During this period, he was assigned to U.S. Army Strategic Command (USASTRATCOM) Thailand.
4. On 31 December 1974, he was discharged from the Army. Item 26 of his DD Form 214 shows he was awarded or authorized the NDSM.
5. His available record is void of any documentation that shows he was ordered to the Republic of Vietnam or that his service in Thailand was in direct support of combat operations in Vietnam.
6. 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 combat operations in Vietnam.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was assigned to Thailand; however, it fails to show he served in the Republic of Vietnam for at least 1 day or that his service in Thailand was in direct support of combat operations in Vietnam. Absent such evidence, there is an insufficient basis 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) AR20100027638
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009771
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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