IN THE CASE OF:	  

		BOARD DATE:	 2 July 2015 

		DOCKET NUMBER:  AR20140019345 


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, in effect, award of the Vietnam Service Medal. 

2.  The applicant states according to the National Personnel Records Center he is not entitled to this award.  He served in Thailand for approximately one year from 1967 to 1968.  He was assigned to the 206th Signal Company.  He believes this period of service should qualify him for this award as he directly supported ground military operations.  While in Thailand, he served near Urden Royal Thailand Air Force Base working with Army engineers to build microwave communication installations in Northern Thailand.  These installations assisted military communications in Vietnam.  As a generator mechanic, he was responsible for connecting the generators to the actual communication equipment for proper operations. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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's records show he was inducted into the Army of the United States on 11 October 1966.  He was trained in and held military occupational specialty 52B (Power Generation Equipment Operator/Mechanic). 

3.  He served in Thailand from on or about 3 May 1967 to on or about 9 May 1968.  He was assigned to the 207th Signal Company, 379th Signal Battalion (Support). 

4.  Following completion of his Thailand tour, he was reassigned to the 206th Signal Company at Fort Bragg, NC, where he was honorably released from active duty on 10 October 1968 upon completion of his term of service.  

5.  His DD Form 214 shows he completed 2 years of active service, of which 1 year and 6 days was foreign service in the U.S. Army Pacific.  It also shows he was awarded or authorized the National Defense Service Medal and the Army Good Conduct Medal.  

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 military operations (emphasis added).  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 to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

7.  The Glossary for Army Regulation 600-8-22 defines direct support as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility (emphasis added).  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.
DISCUSSION AND CONCLUSIONS:

1.  The regulation governing award of the Vietnam Service Medal to members serving in Thailand during the period of eligibility states servicemembers serving in direct support of operations in Vietnam are also eligible for this award.  Direct support is defined as services being supplied to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

2.  There is a stipulation that direct support "involves actually entering the designated area."  This refers to the servicemember actually entering the designated area, i.e., boots on the ground.  The evidence here is clear.  The applicant did not enter Vietnam; therefore, he does not meet the minimum criteria for the Vietnam Service Medal. 

3.  The applicant does not provide any evidence of his direct support such as entering the designated geographic area of Vietnam or its territorial waters or airspace.  This is not to suggest that the applicant's service was not as essential and important to the war.  This simply means he has not provided sufficient evidence to support his request for the Vietnam Service Medal.  As such, he is ineligible for this 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)                                         AR20140019345



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ABCMR Record of Proceedings (cont)                                         AR20140019345



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