IN THE CASE OF: BOARD DATE: 24 February 2011 DOCKET NUMBER: AR20100021244 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, correction of item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign, Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards to which he is entitled based on his service in Thailand as a Vietnam supporter. 2. He states: * item 22 (Foreign and/or Sea Service) of his DD Form 214 shows he served in the U.S. Army Pacific (USARPAC) for 9 months and 2 days * he served in Thailand support of Vietnam operations * he has no campaign ribbons, medals, or commendations 3. He provides a copy of his 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's record shows he was inducted into the Army of the U.S. on 14 January 1971. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he served from 19 June 1971 through 20 March 1972 in USARPAC – Thailand * item 41 (Awards and Decorations) the National Defense Service Medal and Vietnam Service Medal * item 38 (Record of Assignments) he was assigned to: * Company A, 302nd Signal Battalion (Support) - USARPAC - Thailand from 22 June 1971 to 4 January 1972 as a switchboard operator * Headquarters and Headquarters Troop, U.S. Army Strategic Command - Thailand from 4 January to 18 March 1972 as a switchboard operator 4. His record contains a copy of Special Orders Number 063, issued by Headquarters U.S. Army Training Center, Fort Campbell, KY, dated 11 March 1971, which shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 5. He was honorably released from active duty on 23 January 1973 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining reserve obligation. He completed 2 years and 10 months of total active service. Item 24 of his DD Form 214 shows the National Defense Service 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. 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 the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows he was awarded the Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show this award. 2. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle. Therefore, his DD Form 214 should be corrected to show this qualification badge. 3. There is no evidence he qualified for or was awarded any other awards or decorations during his military service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X____ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding any additional awards or decorations to his DD Form 214. _______ _ 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) AR20100021244 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1