BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004118 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 award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) for his service in Thailand. 2. The applicant states, in effect: * he served with the 538th Engineer Battalion in Thailand from mid-1965 to mid-1966 * Headquarters, U.S. Army Support, Thailand directed all personnel serving in Thailand be awarded the requested awards * Executive Order 11231, dated 8 July 1965, (which established the Vietnam Service Medal) was in effect after his discharge from the Army * the Army was responsible for issuing and updating his DD Form 214 * he was never informed of the existence of Executive Order 11231 * he would like to have these awards so that he can pass them on to his children * his family has a history of military service dating back to the Revolutionary War 3. The applicant provides his DD Form 214 and a copy of Executive Order 11231. 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 enlisted in the Regular Army on 19 June 1964. 3. He was honorably released from active duty on 16 June 1967. His DD Form 214 shows he completed 2 years, 11 months, and 28 days, with 1 year, 1 month and 1 day of foreign and/or sea service in Thailand. He was awarded or authorized the National Defense Service Medal. 4. His DA Form 20 (Enlisted Qualification Record) shows the following entries: a. Item 31 (Foreign Service) shows he served in Thailand from on or about 16 July 1965 to on or about 16 August 1966 (emphasis added). b. Item 38 (Record of Assignments), shows, during his tour in Thailand, he was assigned to Company C, 538th Engineer Battalion (emphasis added). c. Item 41 (Awards and Decorations) does not show the award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960). 5. The "Vietnam Order of Battle" by Shelby L. Stanton, with foreword by General William C. Westmoreland, 1989, provides at Appendix B, a listing of those Army units that fulfilled direct or indirect support functions related to the Vietnam conflict to the extent that they received Vietnam service credit in recognition of their supporting role (emphasis added). The 538th Engineer Battalion (Construction) is listed as one of these supporting units for the period from 14 July 1965 to 15 June 1970. 6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. Direct support is defined as services being supplied to participating forces in the area of eligibility (emphasis added) by ground units, ships, and aircraft and involve actually entering the designated area of eligibility (emphasis added). b. 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. (1) 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 (emphasis added). (2) Bronze service stars are not authorized on the Vietnam Service Medal when awarded for service in Thailand, Laos, or Cambodia (emphasis added). c. 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 (emphasis added). DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DD Form 214 to show he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) for his service in Thailand. 2. The evidence of record shows applicant served in Thailand with the 538th Engineer Battalion between July 1965 and August 1966. a. Although this unit received Vietnam service credit for its support of military operations in the Republic of Vietnam, to be eligible for both the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960), the unit must have provided direct support (emphasis added). b. The regulation defines this as providing services to participating forces in the area of eligibility (Vietnam) and actually entering this area (emphasis added). There is no evidence the applicant's unit ever entered Vietnam to provide direct support and, as such, he does not appear to have met the criteria for either award. BOARD VOTE: ___X_____ ___X_____ __X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ 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) AR20150004118 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004118 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1