IN THE CASE OF: BOARD DATE: 14 December 2021 DOCKET NUMBER: AR20210011860 APPLICANT REQUESTS: in effect, reconsideration of his previous request for award of the Vietnam Service Medal (VSM). In addition, he requests award of the Global War on Terrorism Service Medal (GWOTSM) and Afghanistan Campaign Medal (ACM). He also requests a personal appearance hearing before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter of Appreciation, dated 6 June 1969 * 1st Indorsement, dated 6 June 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * 3 Letters, and Emails from July 2017 * Standard Form 46 (U.S. Government Motor Vehicle Operators Identification Card) * 3 Leave and Earnings Statements (LES) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The Board will not consider award of the GWOTSM, as this item will be addressed through an administrative correction. 3. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20110013105 on 3 January 2012. 4. The applicant provides new evidence or argument, which warrants consideration by the Board. 5. The applicant states he was in Thailand in support of the Vietnam War. He has orders which brought him back to active duty for service in Operation Enduring Freedom. He has been trying to get this fixed since 2004, and he wants his records to reflect his service. 6. The applicant enlisted in the Regular Army on 14 October 1966. He completed training and was awarded military occupational specialty 72B (Communications Center Specialist). 7. His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from April to October 1967 and in Okinawa, Japan from November 1967 to October 1969. 8. He was honorably released from active duty on 7 October 1969, and transferred to the U.S. Army Reserve Control Group (Reinforcement) the following day. The DD Form 214 he was issued shows he was awarded the National Defense Service Medal and the Army Good Conduct Medal. 9. A review of his available records failed to show he served in Vietnam. His records also fail to show he served in direct support of operations in Vietnam for award of the VSM. His available records do not show he was awarded the VSM. 10. Following his release from active duty, he served in the Army National Guard from 25 March 1977 to 5 September 1985. He then served in the U.S. Army Reserve and was promoted to master sergeant/E-8 on 5 December 1986, while serving as a Special Forces Senior Sergeant. 11. He also served in the OHARNG from 16 May 1994 to 1 May 1997 and in the WVARNG from 17 July 1998 to 31 July 2002. 12. He was ordered to active duty on 5 June 2002 and subsequently served in Kuwait in support of Operation Desert Spring from 12 July to 28 September 2002. [Operation Desert Spring was part of an on-going operation in Kuwait that was established following Operations Desert Storm/Shield. Its mission was to maintain a forward presence and provide control and force protection over Army forces in Kuwait.] The available evidence does not show he served in Afghanistan or the area of eligibility (AOE). 13. He was honorably released from active duty on 23 October 200 and transferred back to the ARNG. His DD Form 214 does not show the Vietnam Service Medal, Global War on Terrorism Service Medal or the Afghanistan Campaign Medal (ACM). 14. On 1 August 2003, he was transferred to the Retired Reserve in the rank/grade of first sergeant/E-8. 15. The applicant provides a/an: a. Letter of Appreciation with Indorsement dated 6 June 1969, which documents his outstanding performance as a cryptographer on Exercise Forward Thrust I from 17 March to 5 June 1969, while assigned to the 999th Signal Company (Support). The Headquarters for Exercise Forward Thrust I is identified as Taipei, Taiwan, Republic of China. b. Letter dated 8 November 1990, from the Kentucky National Guard Adjutant General who informed the applicant that his application for the Kentucky Vietnam Veterans Bonus was approved. c. Letter dated 20 March 2002, from the Commanding Officer, Company B, 2nd Special Forces Battalion, 19th Special Forces Group (Airborne) who informs whomever it may concern, that effective 5 June 2002, [the applicant] would be mobilized for service in Operation Enduring Freedom (OEF). d. 3 LESs from 1 August to 13 September 2002, which show he received hostile fire pay. e. Letter dated November 2010, from the applicant to presumably the Board. He states, in effect, he is receiving the Vietnam Veterans Bonus from Kentucky which was determined from other official records. He further references his Letter of Appreciation for Exercise Forward Thrust I, Taipei, Taiwan, and claims his security clearance information states he was on temporary duty in Thailand, Cambodia and Vietnam from February thru May 1968. f. SF 46 issued on 15 February 1968, at Headquarters, Support, U.S. Army Strategic Command, Thailand. g. Email dated 10 July 2017, from who claims the applicant insists he was with the Special Forces in Vietnam and Thailand. Due to the work he performed, it was not placed on his DD Form 214 and he was not awarded the VSM. h. Email dated 12 July 2017, from who claims she is willing to approve a Vietnam Cross for the applicant and believes the applicant is entitled to the National Defense Service Medal for Vietnam and an Expeditionary Medal for the Global War on Terrorism, Kuwait-Desert Spring. 16. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. While the Board concurred with his eligibility for the GWOTSM being administratively corrected, Board members found insufficient evidence to show he served in Vietnam or Afghanistan which would make him ineligible to receive the VSM or the ACM. The Board reviewed all the available records but these records to show he served in Vietnam. His records also fail to show he served in direct support of operations in Vietnam for award of the VSM. His available records do not show he was awarded the VSM. Additionally, he was ordered to active duty on 5 June 2002 and served in Kuwait 12 July to 28 September 2002. The available evidence does not show he served in Afghanistan or the area of eligibility (AOE) for award of the ACM. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X: X: X: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. Other than the administrative notes annotated by the Analyst of Record (below the signature), 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 to amend the decision of the ABCMR set forth in Docket Number AR20110013105 on 3 January 2012. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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. ADMINISTRATIVE NOTE(S): Army Regulation 600-8-22 (Military Awards), paragraph 2-21 is sufficient to administratively correct the applicant's DD Form 214 for the period ending on 23 October 2002 without action by the Board. * Add the GWOTSM to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) states: 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. 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 AOE 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 b. The ACM is awarded to members who have served in direct support of OEF. The AOE encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to 31 December 2014, and Operation Freedom Sentinel from January 15, 2015 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. c. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, ACM, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 3. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011860 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1