RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 December 2003                   
	DOCKET NUMBER:   AR2003087772

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1963 to 1 August 1969 be corrected:  to show his Vietnam service; to show award of the Vietnam Service Medal (VSM); and to show that he received campaign participation credit for two campaigns -- Counteroffensive Phase II and III. 

2.  The applicant states that he served in the Southeast Asia Theater of Operations in Thailand from 1 July 1966 to 31 May 1967.

3.  The applicant provides in support of his request:  copies of two DD Forms 214 (2 August 1960-1 August 1963 and 2 August 1963-1 August 1969); a copy of Special Orders Number 282, Headquarters, 538th Engineer Battalion, dated 29 December 1966; a copy of Special Orders Number 263, Headquarters, 538th Engineer Battalion, dated 20 November 1967; a copy of a document that he received from the Veterans of Foreign Wars showing his entitlement to the VSM.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 1 August 1969.  The application submitted in this case is dated 21 February 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  Prior to the period of service under review, the applicant completed two honorable periods of service.  He served honorably in the Regular Army (RA) from 26 November 1953-7 November 1956, during which time he served in France from May 1954-November 1956.  He was issued a DD Form 214 at the time of separation; however, that document is not contained in the available record.  He had a break in service.

4.  On 2 August 1960, the applicant reenlisted in the RA.  He served at Fort Leonard Wood, Missouri from 2 August 1960 until reassigned to Korea on 17 May 1962.  On 3 June 1963, he left Korea and, on 10 July 1963, he was 

assigned to France.  On 1 August 1963, he was honorably separated in France for immediate reenlistment.  His DD Form 214 for this period shows 3 years, 7 months, and 8 days of foreign service in Item 24c (Foreign and or Sea Service) because it incorrectly includes his previous foreign service for the period 1953-1956.

5.  On 2 August 1963, while assigned in France, the applicant reenlisted in the RA and he remained in France until 25 July 1965.  He then served in Germany from 26 July 1965-29 June 1966, followed by an assignment at Fort Hood, Texas from 29 July 1966-23 November 1966.  The applicant departed Fort Hood for an assignment in Thailand from 20 December 1966-6 December 1967 where he served with the 538th Engineer Battalion (Construction).  The 538th Engineer Battalion did not provide direct support of operations in Vietnam.

6.  In January 1968, the applicant departed Thailand and returned to Fort Leonard Wood where, on 31 August 1969, he was honorably discharged.  The subject DD Form 214 shows that he completed 15 years, 8 months, and 6 days of total active service.  Item 22c appropriately shows 3 years, 10 months, and 15 days of foreign service (in USAREUR, or US Army Europe and in USARPAC, or US Army Pacific).  It also shows that he was awarded the National Defense Service Medal with Oak Leaf Cluster, the Good Conduct Medal - 2nd Award, and the Expert Marksmanship Badge (Rifle Bar).

7.  Army Regulation (AR) 600-8-22 (Military Awards), in pertinent part, authorizes award of the VSM to only those service members serving in Vietnam, and contiguous water or airspace between July 1965 and 28 March 1973.  Those service members serving in Thailand, Laos, or Cambodia during the same period are also eligible for this award if they were serving in direct support of operations in Vietnam.  Those units that were serving in direct support or operations in Vietnam are listed in Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).  The applicant's unit is not listed in the Campaign Participation Credit Register.

8.  AR 600-8-22 also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

9.  AR 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that only foreign service performed during the period covered by the DD Form 214 will be entered in Item 22c (or in Item 24c on older Forms). 

DISCUSSION AND CONCLUSIONS:

1.  Item 22c of the subject DD Form 214 issued on 1 August 1969 appropriately shows the applicant's foreign service.

2.  Army regulations provide that Soldiers who served in Thailand between 1965 and 1973 are authorized award of the VSM and campaign participation credit for Vietnam only if the unit to which they were assigned was in direct support of operations in Vietnam.  The applicant's unit did not meet this requirement, thus his service in Thailand does not qualify for award of the VSM or campaign participation credit.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 1 August 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 31 July 1972.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __rjw___  __ecp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087772	
SUFFIX		
RECON		
DATE BOARDED	20031209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0073	
2.		
3.		
4.		
5.		
6.