IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005936 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. 2. The applicant states that he served in Thailand from 2 March 1963 through 22 February 1964. The military awards regulation authorizes award of the Vietnam Service Medal for his service in Thailand in support of military operations in the Republic of Vietnam. 3. The applicant provides copies of his: * DA Form 24 (Service Record), pages 2 and 3 * reassignment orders * 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 18 October 1961 for a period of 3 years. He was awarded military occupational specialty 626.10 (Construction Machine Operator). 3. His DA Form 24 shows in: * section 4 (Chronological Record of Military Service): 738th Engineer Company from 2 March 1963 through 21 February 1964 * section 5 (Service Outside Continental United States) – * departed Travis Air Force Base – 27 February 1963 * arrived Korat, Thailand – 2 March 1963 * departed Korat, Thailand – 22 February 1964 * arrived Travis Air Force Base – 23 February 1964 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Foreign Service): Thailand from 27 February 1963 through 22 February 1964 – 1 Year * item 33 (Record of Assignments): 738th Engineer Company, effective 2 March 1963 – 12 Months 5. Headquarters, 9th Logistical Command, U.S. Forces, Special Orders Number 252, dated 24 December 1963, shows, on 26 February 1964, the applicant was reassigned from the 738th Engineer Company (Separate) to the 87th Engineer Battalion (Construction), Fort Belvoir, VA, with a reporting date of 4 March 1964. 6. His DD Form 214 shows he entered active duty this period on 18 October 1961, was honorably released from active duty on 16 October 1964, and transferred to the U.S. Army Reserve Control Group (Reinforcement). a. He had completed 2 years, 11 months, and 29 days of net active duty service this period that included 11 months and 27 days of foreign service. b. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the – * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Carbine Bar 7. The U.S. Army Center of Military History website (www.history.army.mil) provides unit Lineage and Honors and shows the 738th Engineer Company was inactivated on 15 July 1965 in Thailand. 8. Department of Defense (DoD) Manual Number 1348.33 (Manual of Military Decorations and Awards: DoD Service Awards – Campaign, Expeditionary, and Service Medals) provides procedures, guidance, and eligibility requirements for award of DoD service awards. In addition, Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. The AFEM was authorized for service in Vietnam from 1 July 1958 through 3 July 1965. (1) Service members who earned the AFEM for service in Vietnam between 1 July 1958 and 4 July 1965 may elect to receive the VSM instead of the AFEM. (2) A review of the designated U.S. military operations, areas, and dates of service for award of the AFEM failed to show operations/service in Thailand as qualifying for award of the AFEM during the applicant's period of service in Thailand. b. The Vietnam Service Medal (VSM) 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 DISCUSSION AND CONCLUSIONS: The applicant was assigned to the 738th Engineer Company in Thailand from 2 March 1963 through 21 February 1964. There is no evidence of record that shows the AFEM was authorized for service in Thailand during the applicant's period of assignment. The period of service authorized for award of the VSM for members in Thailand based on direct support of operations in Vietnam was after 3 July 1965 through 28 March 1973. As such, the applicant's period of service in Thailand in support of military operations in Vietnam does not qualify him for award of the VSM. 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 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) AR20150005936 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005936 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1