BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160010656 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: 23 May 2018 DOCKET NUMBER: AR20160010656 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: 23 May 2018 DOCKET NUMBER: AR20160010656 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 record to show he is authorized the Vietnam Service Medal with nine bronze service stars. 2. The applicant states he was awarded the Vietnam Service Medal with three bronze service stars for service in Vietnam from May 1971 to May 1972, but he was not given campaign credit for his service in Thailand from June 1968 to March 1970. 3. The applicant provides his DA Form 20 (Personnel Qualification Record), DD Form 214 (Certificate of Release or Discharge from Active Duty), and a list of campaigns for which he believes he should be given credit. 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 served in the Regular Army from 14 June 1963 to 28 August 1975, and attained the rank/grade of sergeant first class/E-7. DD Forms 214 covering this period of service are not included in the available records. 3. The applicant provides a DA Form 20 that shows in: a. Item 31 (Overseas Command), he served in: * U.S. Army Pacific (USARPAC), Okinawa, from 16 January 1964 through 23 June 1965 * USARPAC, Thailand, from 14 June 1968 through 17 March 1970 * USARPAC, Vietnam, from 18 May 1971 through 8 March 1972 b. Item 38 (Record of Assignments) he served in MOS 97B with the: * 493rd Military Intelligence (MI) Detachment in Thailand from 15 June to 14 July 1968 * 17th MI Detachment in Thailand from 15 July 1968 to 6 March 1970 4. On 29 August 1975, the applicant was appointed as a warrant officer one in the United States Army Reserve (USAR) in primary specialty 971A (Counter Intelligence Technician). 5. The applicant was retired on 31 January 1984. The DD Form 214 issued at that time shows the Vietnam Service Medal with 3 bronze service stars among his authorized awards. 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 bronze service stars are not authorized for wear on the Vietnam Service Medal when the Vietnam Service Medal is awarded for service in Thailand, Laos, or Cambodia. 3. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. Appendix B shows during the applicant’s service in Vietnam, he participated in the following three campaigns: * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) * Consolidation I (1 July - 30 November 1971) * Consolidation II (1 December 1971 – 29 March 1972) DISCUSSION: 1. The applicant served in Vietnam during three campaigns and he is authorized the Vietnam Service Medal with three bronze service stars as shown on the DD Form 214 he was issued upon his retirement. 2. Bronze service stars are not authorized for wear on the Vietnam Service Medal when the decoration is awarded for service in Thailand, Laos, or Cambodia. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010656 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010656 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2