IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140017319
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 award of:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
2. The applicant states he served in Okinawa, Japan and in Korat, Thailand.
3. The applicant provides copies of:
* A DD Form 214
* A DA Form 24 (Service Record)
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 25 January 1962, the applicant enlisted in the Regular Army. He was trained as a clerk typist.
3. Records show the applicant was assigned to the following overseas units as indicated:
a. 207th Ordnance Company, Okinawa, Japan from 28 July 1962 to
5 February 1963 and
b. Headquarters and Headquarters Detachment (HHD), 9th Logistical Command, Korat, Thailand from 7 February to 21 June 1963.
4. On 22 January 1965, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4 and completed 3 years of honorable active duty service. His DD Form 214 lists his awards as:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. Service members who earned the Armed Forces Expeditionary Medal (AFEM) for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the VSM instead of the AFEM.
c. The NDSM is awarded for honorable active service for the period 1 January 1961 through 14 August 1974.
6. The Thailand Order of Battle dated 1989, states in its Appendix B that the HHD, 9th Logistical Command fulfilled direct or indirect support functions related to the Vietnam conflict from April 1963 to 12 June 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the NDSM and VSM.
2. The available evidence shows that the applicant served as a member of a unit that fulfilled direct or indirect support functions related to the Vietnam conflict from 7 February to 21 June 1963. Unfortunately, the AFEM was not authorized for service in Thailand at the time. Furthermore, the VSM was not authorized until July 1965. Therefore, this portion of his request should be denied.
3. The available evidence shows that the applicant served honorably during a qualifying period for award of the NDSM. Therefore, this medal should be shown on his DD Form 214.
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 a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the National Defense Service Medal to his DD Form 214.
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 award of the Vietnam Service Medal for his service in Thailand in 1963.
_______ _ 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) AR20130021334
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ABCMR Record of Proceedings (cont) AR20140017319
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