BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001832 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: 20 June 2017 DOCKET NUMBER: AR20160001832 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: 20 June 2017 DOCKET NUMBER: AR20160001832 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 214214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states there was an error upon his separation from service. He further states he has no supporting documentation as his time in Vietnam was limited. 3. The applicant provides no additional evidence. 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 16 April 1969. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows received overseas tour credit for service in Thailand from 1 September 1970 to 1 January 1971 and service in Japan from 2 January 1971 through 8 April 1971. Item 38 (Record of Assignments) shows he was assigned to the U.S. Army Depot Thailand from 4 September 1970 through 31 December 1971 and Headquarters and Headquarters Detachment, U.S. Army Japan from 4 January 1971 through 15 March 1971. 4. He was honorably released from active duty early as an overseas returnee on 17 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation. His DD Form 214 shows he completed 1 year, 11 months, and 2 days of total active service with 6 months and 16 days of foreign and/or sea service. He was awarded or authorized the National Defense Service Medal and Army Good Conduct Medal. REFERENCES: 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 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. Service members in Thailand, Laos, or Cambodia, or the airspace thereover, 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. 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 for 6 months during the period 1 March 1961 through 28 March 1973. Qualifying service outside the geographical limits of the Republic of Vietnam required that the individual contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) was carefully considered. 2. With respect to the Vietnam Service Medal, the evidence of record shows he served in Thailand and Japan, not in Vietnam. Members in Thailand who served 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. There is no evidence he served in Vietnam or provided direct combat support to the Republic of Vietnam and Armed Forces. 3. With respect to the Republic of Vietnam Campaign Medal with Device (1960), again, there is no evidence he served in Vietnam or provided direct combat support to the Republic of Vietnam and Armed Forces. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001832 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001832 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2