BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160003693 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: 17 August 2017 DOCKET NUMBER: AR20160003693 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: 17 August 2017 DOCKET NUMBER: AR20160003693 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 his Vietnam-era service medals. 2. The applicant states he served in Thailand for 11 months. Many veterans who were not on the ground in Vietnam received the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). 3. The applicant provides DA Form 268 (Report for Suspension of Favorable Personnel Actions). 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 was inducted into the Army of the United States on 20 September 1966. He was honorably discharged on 27 September 1966 to enlist in the Regular Army. 3. He enlisted in the Regular Army on 28 September 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty 63C (General Vehicle Repairer). 4. He was assigned to the 569th Maintenance Company, Fort Meade, MD, and served with this unit in Thailand (following the unit's permanent change of station) from 5 December 1967 to on or about 16 November 1968. 5. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 26 September 1969. His DD Form 214 shows he completed 2 years, 11 months and 29 days of active service with no lost time. It also shows he was awarded or authorized: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) listed the "VSM" (Vietnam Service Medal) and "VCM" (Republic of Vietnam Campaign Medal with Device (1960)); however, a line is drawn through both awards. 7. The applicant provided a DA Form 268 showing his geographical station at Camp Khon Kaen, Khon Kaen, Thailand. He was assigned to the 569th Transportation Company. REFERENCES: 1. 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 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 2. Army Regulation 600-8-22 also states 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 3. The Glossary for Army Regulation 600-8-22 defines direct support as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility. This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility. 4. The "Vietnam Order of Battle," an unofficial book authored by Captain Shelby L. Stanton, U.S. Army Retired, provides an illustrated reference to U.S. Army combat and support forces in Vietnam from 1961 to 1973. The author states that the United States Army build-up in Thailand can be traced to the establishment of the U. S. Military Assistance Command, Thailand, on 15 May 1962. Early that year a combined U.S. Task Force deployed to Thailand on a military exercise which included a Marine Battalion Landing Team (BLT); the 1st Battle Group, 27th Infantry, 25th Infantry Division; and supporting elements under a detachment of the 9th Logistical Command. They were joined by an Army Battle Group, 35th Infantry, 25th Infantry Division, which replaced the 1st Battle Group, 27th Infantry. However, this task force was withdrawn after the situation in Laos stabilized. In the meantime, several U.S. Army units had been sent to Thailand on a permanent basis and by November 1966, the U.S. Army Support Provisional-Support Command, Thailand, was established. These Army units fulfilled direct or indirect support functions related to the Vietnam conflict to the extent that most received Vietnam service credit in recognition of their supporting role. The 569th Transportation Company (Medium Truck) in Khon Kaen provided direct and indirect support from 1 December 1967 to 1 April 1970. DISCUSSION: 1. The regulation governing award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) to members serving in Thailand during the period of eligibility states service members serving in direct support of operations in Vietnam are also eligible for these awards. 2. The applicant's unit provided direct and indirect support to the Vietnam War. The fact that the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) were lined through on his DA Form 20 indicates a determination was made that he had not met the criteria for these service medals. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003693 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003693 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2