BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001375 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ __x______ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001375 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001375 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 the: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The applicant states he served in Thailand from 8 December 1966 to 22 November 1967 with the 538th Engineer Battalion (Construction), 44th Engineer Group (Construction). He believes omission of the awards from his DD Form 214 is an oversight, but this oversight excludes him from Agent Orange exposure-related claims with the Department of Veterans Affairs. 3. The applicant provides: * letter from the National Personnel Records Center, dated 31 July 2015 * U.S. Army Support-Thailand Association documentation * DD Form 214 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 enlisted in the Regular Army on 11 July 1966 for a period of 3 years. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he received credit for foreign service under the command of U.S. Army Pacific (USARPAC)-Thailand from 8 December 1966 through 22 November 1967. 4. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Headquarters and Headquarters Company, 538th Engineer Battalion (Construction), USARPAC, from 12 December 1966 through 22 November 1967. 5. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal (1st Award), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 6. On 10 July 1969, he was honorably released from active duty. 7. His DD Form 214 shows he completed 11 months and 15 days of foreign service under USARPAC and he was awarded or authorized the: * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 8. There is no evidence showing he served in Vietnam. 9. There is no evidence showing the 538th Engineer Battalion (Construction) served in direct support of operations in Vietnam. 10. He provided a letter from the National Personnel Records Center, dated 31 July 2015, stating his DD Form 214 indicates he completed 11 months and 14 days of overseas service in Thailand from 8 December 1966 to 22 November 1967. 11. He also provided documentation showing he is a member of the U.S. Army Support-Thailand Association for his service with the 538th Engineer Battalion (Construction) from November 1966 to November 1967. 12. Historical records show the 538th Engineer Battalion (Construction) was a subordinate element of the 44th Engineer Group (Construction), U.S. Army Support-Thailand. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal was awarded to all members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over after 3 July 1965 through 28 March 1973. Service members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam were also eligible for this award. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Direct support is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft, providing it involved actually entering the designated area. This included units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility. b. 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. c. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded by the Vietnamese government for valorous combat achievement. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet does not show the 538th Engineer Battalion (Construction) or the 44th Engineer Group (Construction) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. DISCUSSION: 1. The evidence of record shows he was assigned to an engineer construction battalion in Thailand. There is no evidence of record and he provided no evidence showing he served in Vietnam or his unit in Thailand served in direct support of operations in Vietnam. 2. He does not meet the eligibility criteria for award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960). 3. Department of the Army Pamphlet 672-3 does not show the 538th Engineer Battalion (Construction) or the 44th Engineer Group (Construction) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001375 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001375 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2