IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20150001667 


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 of his earlier request for award of the Vietnam Service Medal. 

2.  The applicant states, in effect:

   a.  He is very disappointed with the Board's decision to deny him award of the Vietnam Service Medal.  However, he previously sent additional evidence that was received by the agency, but not considered by the Board.  This was vital evidence that included Army Board for Correction of Military Records (ABCMR) proceedings Docket Number AR20140000480, dated 25 September 2014, which shows approval of an individual's request for the same award.  That individual was in his unit on or about the same time he was there.  It appears when the Board met on 20 January 2015 they did not have this evidence, because it was not referenced. 

	b.  It seems very unfair for one person to receive relief while another does not.  There appear to be a double standard.  The new evidence also included a statement that shows many others in the same unit confirmed they were issued the medal and understood all members of their unit were issued the medal.  In fact 112 of the 209 people who looked at his posting on social media (Facebook) responded positively to his posting there were no negative responses.  



	c.  From August 1970 to August 1971, he served with Company C, 442nd Signal Battalion (Long Line), 29th Signal Group, 1st Signal Brigade in Thailand. His military occupational specialty (MOS) was 31M2O (Radio Relay and Carrier Attendant).  The AN/TRC-24 Radio Set/Equipment was within this MOS.  He maintained transmitters, receivers and multiplex equipment that were vital in direct support of the war in Vietnam.  The 442nd Signal Battalion provided the Long Line Integrated Wideband Communications Systems (IWCS) for the U.S. Air Force mission of air support from Thailand to Vietnam.  Had it not been for their communications in Thailand there would not have been air support from Thailand to Vietnam.

	d.  During a part of his tour, he was stationed on an isolated mountain in Northeast Thailand by the name of Phu Mu, a site near Mukdahan and across the Mekong River from Savanhaket, Laos.  At that time the IWCS was a Relay Site connecting Ubon Air Force Base (AFB), Udorn AFB, and Nakhon Phanom AFB, all of which were direct combat participants of the war in Vietnam.  From Phu Mu they also had an AN/TRC 24 shot that tied into the IWCS to site "Texas" near Savannakhet, Laos.  Site "Texas" was a base operated by the Central Intelligence Agency (CIA).  The other part of his tour was served at Warin, Thailand, operating the AN/TRC 24 station from Ubon AFB to Site Warin.  Warin carried 2 LRC 3 shots direct to Vietnam, one to DaNang and another to Pleiku. 

	e.  It was widely known that all members of the 442nd Signal Battalion earned the Vietnam Service Ribbon (i.e., Medal) and the Vietnam Campaign Ribbon (i.e., Medal) for their direct support of combat operations in Vietnam.  For some unknown reason it is not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), perhaps a clerical error occurred.  He did not become aware until he was approached to join the Veterans of Foreign Wars.  He has made inquiries to people who were stationed at the same locations in the 442nd Signal Battalion, at/or about the same time period, via a Facebook Group "All Thailand, Laos, Cambodia Signal Sites," if they had been issued these awards.  All who answered said yes they had.  ABCMR Docket Number AR20140000480 approving a similar request shows that individual served with the 442nd Signal Battalion, in Warin and Ubon, Thailand, which were the same places that he served with the unit. 

3.  The applicant provides:

* ABCMR Docket Number AR20140000480
* 442nd Signal Battalion Certificate of Recognition
* History of 442nd Signal Battalion, www.military.com
* Article of unknown source, titled "Away from It All"
* Internet article titled Savannakhet, Laos and Phu Mu Signal Site
* Internet article about signal units in Vietnam, www.history.army.mil
* Internet article about the U.S. Air Force in Thailand, www.wikipedia.com

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 AR20130013502, on 3 April 2014, and AR20140009183, on 20 January 2015.

2.  The applicant does not meet the two-tiered criteria for reconsideration.  

	a.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  

	b.  ABCMR records show that he previously requested reconsideration of ABCMR Docket Number AR20130013502.  His previous request for reconsideration (of the same issue) was acted upon in ABCMR Docket Number AR20140009183, on 20 January 2015.  This decision on the request for reconsideration was the final administrative action taken by the Secretary of the Army.  He was not eligible for further reconsideration by this Board.

	c.  However, while his request for reconsideration was being adjudicated by the Board, he submitted additional evidence (ABCMR Docket Number AR20140000480) pertaining to another individual who was inadvertently considered by the Board.  As such, his current request warrants consideration by the Board as a one-time exception to policy.

3.  The applicant's records show he enlisted in the Regular Army (RA) on 
29 January 1970.  He completed the 14-week Radio Relay and Carrier Attendant Course and he was awarded and held MOS 31M.  

4.  He served in Thailand from on or about 23 August 1970 to 23 August 1971.  He was assigned to the 442nd Signal Battalion (Long Line).  According to the Center of Military History: 

The 442nd Signal Battalion was one of four battalions organized into one signal group, the 29th Signal Group, Thailand, under the command of 1st Signal Brigade, U.S. Army Pacific.  This battalion operated and maintained communication links and sites in Thailand during the Vietnam War.  It maintained large and small communications stations in Thailand. The large stations, mainly in Korat, Nakon, Phonam, Udapao, Udorn, and Warin/Ubon were relay stations supporting classified/secure voice/data transmission from Vietnam into Thailand.  The smaller ones were located at remote locations and/or mountain tops such as Phu Mu Mountain.  The battalion used large microwave antennas, tropospheric antennas, and telephone switchboards. 

5.  He was honorably discharged on 22 December 1970, at Camp Friendship, Korat, for the purpose of immediate reenlistment.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal. 

6.  He reenlisted in the RA for 3 years, at Camp Friendship, Korat, on 
23 December 1970.  

7.  Following completion of his Thailand tour, he was reassigned to the 121st Signal Battalion, Fort Riley, KS, where he was honorably released from active duty on 24 September 1973.  His DD Form 214 for this period of service does not show any awards or decorations. 

8.  Following a short break in service and a period of service in the California Army National Guard (21 November 1973 to 9 June 1974), he enlisted in the RA on 10 June 1974.  

9.  He served in Korea and Germany and he was ultimately discharged from active duty on 15 March 1976.  His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal and the Armed Forces Expeditionary Medal (Korea). 

10.  He provides: 

	a.  A certificate of recognition, issued by Company C, 442nd Signal Battalion, recognizing his service from 23 August 1970 to 23 August 1971. 

	b.  The History of the 442nd Signal Battalion, www.military.com.  This article is about the battalion's lineage, structure, mission, service in Thailand, and support of the defense of South Vietnam.

	c.  An article of unknown source, titled "Away from It All."  This article is about remote and isolated communications/relay station sites in Thailand.  It talks in detail about the harsh living conditions at Phu Mu and Green Hill signal sites. 

	d.  An internet article titled Savannakhet, Laos and Phu Mu Signal Site from a commercial website.  It is a short story by a CIA communications officer who was assigned to Savannakhet, Laos.

	e.  An internet article about signal units in Vietnam, www.history.army.mil.  This article appears to be about the history of 1st Signal Brigade and other signal units. 

	f.  An internet article about the U.S. Air Force in Thailand, www.wikipedia.com.  This article opines that during the Vietnam War, about 
80 percent of all U.S. Air Force strikes over North Vietnam originated in Thailand. 

11.  ABCMR Docket Number AR20140000480 was adjudicated by the Board on 25 September 2014.  Another individual requested reconsideration of an earlier request for award of the Vietnam Service Medal and Vietnam Campaign Medal.

	a.  That individual contended that his service in Warin, Thailand, with the 442nd Signal Battalion, in MOD 32E (Fixed Plant Carrier Repairman) from August 1968 to August 1969, while attached to the Communications Electronic Engineering Agency-Thailand (CEET-T) was critical to the combat mission in Vietnam.  Warin was the most important communication hub in Thailand and he maintained all of the transmitters, multiplex equipment, and receivers vital to combat air missions out of Thailand. 

	b.  That individual provided several travel vouchers and temporary duty travel authorizations which showed he travelled throughout Thailand from January through August 1969, to work on projects that involved expanding, installing, rearranging, and terminating cables, and other related communication matters.  He travelled to Bangkok, Sattahip, Warin, Ubon/Korat, Jones Park, Don Muang, Khon Kaen, and Udorn.  He also provided several documents detailing the direct combat support that came out of Warin 442nd Signal Battalion, Ubon, and CEEA-A. 

	c.  The Board determined that the evidence of that individual's record confirmed his service with the 442nd Signal Battalion and attachment to CEAA-T was in direct support of the Vietnam Conflict as the applicant provided official documentation showing he continually travelled throughout Thailand to install, terminate, rearrange, and expand cables and to perform other signal operations. Additionally, his DA Form 20 (Enlisted Qualification Record) listed the Vietnam Service Medal and his pay vouchers confirmed receipt of pay earned in a combat zone.  The Board determined that individual's contention of combat service performed in direct support of operations in Vietnam was corroborated by the evidence of record.  
	d.  The Board recommended the applicant's records be corrected to show awards of the Vietnam Service Medal and the Vietnam Campaign Medal. 

12.  The Vietnam Order of Battle by Captain Shelby L. Stanton, U.S. Army, Retired, published in 1989 shows that the 442nd Signal Battalion (Long Line) served in Thailand from 6 November 1967 to 30 June 1971 in direct and/or indirect support functions related to the Vietnam conflict.

13.  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.  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

14.  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 in involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designate area of eligibility.

15.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  The regulation governing award of the Vietnam Service Medal to members serving in Thailand during the period of eligibility is not very well worded.  It states members 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 "it involves actually entering the designated area." This refers to the member/individual actually entering the designated area, i.e., boots on the ground.  The evidence here is clear.  The applicant did not enter Vietnam.  This disqualifies him from receiving the Vietnam Service Medal. 

3.  The individual addressed in ABCMR Docket Number AR20140000480 provided several travel vouchers and temporary duty travel authorizations which show he travelled throughout Thailand from January through August 1969, to work on projects that involved expanding, installing, rearranging, and terminating cables and other related communication matters.  He travelled to Bangkok, Sattahip, Warin, Ubon/Korat, Jones Park, Don Muang, Khon Kaen, and Udorn.  He also provided several documents detailing the direct combat support that came out of Warin 442nd Signal Battalion, Ubon, and CEEA-A.  Most importantly, however, his DA Form 20 listed the Vietnam Service Medal, suggesting his commander recognized his direct support of the war and entry into Vietnam.  

4.  Each case is considered on its own merits.  The applicant does not provide any evidence of his direct support.  He provides internet articles confirming the 442nd Signal Battalion provided signal support to the war effort.  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 entitlement to the Vietnam Service Medal.  As such, he remains 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 to amend the decision of the ABCMR set forth in Docket Number AR20130013502 on 3 April 2014 and AR20140009183 on 20 January 2015.



      _______ _   _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)                                         AR20150001667



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ABCMR Record of Proceedings (cont)                                         AR20150001667



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