IN THE CASE OF: BOARD DATE: 30 March 2022 DOCKET NUMBER: AR20210013572 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 August 1968 to show award of the Republic of Vietnam Campaign Medal with Device (1960) and any other authorized awards. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 applicant states not all of his individual and unit awards are shown on his DD Form 214. He believes he should have a campaign medal for serving in the Vietnam area of operations. 3. The applicant was inducted into the Army of the United States on 11 August 1966. He completed his initial entry training and was awarded military occupational specialty 76Q (Special Purpose Equipment Repair Specialist). 4. Headquarters, U.S. Army Support Thailand, Special Orders Number 31, 6 February 1967, assigned him to the 331st Support Company (Repair Parts) (General Support) (Forward), Thailand, effective the same date. 5. Headquarters, 501st Field Depot, Thailand, Special Orders Number 219, 25 November 1967, assigned him to the 388th Adjutant General Replacement Company, Fort Bragg, NC, effective on or about 18 January 1968. 6. Headquarters, Special Troops, Fourth U.S. Army, Fort Sam Houston, TX, General Orders Number 39, 5 August 1968, awarded him the Army Good Conduct Medal (1st Award) for the period 11 August 1966 to 10 August 1968. 7. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he received overseas tour credit for service in U.S. Army Pacific-Thailand from 2 February 1967 through 14 January 1968 (11 months and 13 days); and b. item 38 (Record of Assignments), he was assigned to the 331st Support Company (Repair Parts) (General Support) (Forward), U.S. Army Pacific, from 6 February 1967 through 13 January 1968. 8. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 9 August 1968. He completed 1 year, 11 months, and 29 days of total active service. His DD Form 214 shows in: a. item 22c (Foreign and/or Sea Service), foreign service under U.S. Army Pacific for 11 months and 13 days; and b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), no award of the Army Good Conduct Medal (1st Award), Vietnam Service Medal, or Republic of Vietnam Campaign Medal with Device (1960). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. During deliberation the Board determined the applicant met the criteria for award of the Vietnam Service Medal (VSM) based on time in Thailand from 2 February 1967 through 14 January 1968. The Board determined that the evidence presented is sufficient for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 9 August 1968 by awarding him the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal. 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): The applicant is authorized administrative correction of his DD Form 214 for the period ending 9 August 1968 to show award of the Army Good Conduct Medal (1st Award) without Board action. ? REFERENCES: 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 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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. 3. Army Regulation 600-8-22 (Military Awards), 5 March 2019, prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal was awarded all service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. Service members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. (1) Direct support is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided in involve 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. (2) To qualify for award of the Vietnam Service Medal, an individual must meet one of the following qualifications: * be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations * be attached to or regularly serve for 1 or more days aboard a U.S. naval vessel directly supporting military operations * participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations * serve on temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations 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. To qualify for this award, personnel must meet one of the following requirements: (1) have served in the Republic of Vietnam for 6 months during period 1 March 1961 to 28 March 1973, inclusive; (2) have served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. Individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal during the period of service required to qualify for the Republic of Vietnam Campaign Medal; (3) have served as stated in paragraphs 9-14a(1) or 9-14a(2) for less than 6 months and have been one of the following: * wounded by hostile forces * captured by hostile forces, but later escaped, was rescued, or released * killed in action or otherwise in the line of duty 4. Army Regulation 635-5 (Separation Documents), 23 January 1967, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The specific instructions for item 22c stated to enter the total active duty service performed outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., "Foreign and/or Sea Service (USAREUR) [U.S. Army Europe])." b. The specific instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 9 of the DA Form 20 (Enlisted Qualification Record), omitting authorities cited therein. (Note: The DA Form 20 was subsequently replaced with the DA Form 2-1.) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013572 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1