PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 June 2003
         DOCKET NUMBER: AR2003085385


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley L. Powell		Member
Mr. John T. Meixell		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show time and awards for Vietnam War service.

3. The applicant states, in effect, that he is making this request in order to verify eligibility to receive treatment and benefits as a Vietnam Veteran.

4. To support his application, the applicant provides a copy of his DD Forms 214, with effective dates of 2 February 1970 and 15 September 1972; a copy of his NGB (National Guard Bureau) Form 22, National Guard Bureau Report of Separation and Record of Service, with an effective date 27 July 1993; a copy of a letter from the National Personnel Records Center addressed to the Logan Veteran's Center about the applicant; and a copy of the applicant's DA Form 2-1, Part II, Personnel Qualification Record.

5. The applicant’s military records show that he enlisted in the Regular Army on 11 December 1967. He completed basic combat training at Fort Benning, Georgia, and advanced individual training at Fort Leonard Wood, Missouri. Upon completion of all required training, he was awarded the military occupational specialty, 62F, Crane Shovel Operator.

6. The applicant was assigned to Thailand as his first duty station. He arrived in Thailand on 13 June 1968 and was assigned to the 233rd Transportation Company as a Tractor Operator. On 20 December 1968, the unit was redesignated, Terminal Command, 9th Logistics Command. He remained assigned to that unit until he returned to the United States and assignment to the 49th Ordnance Company, Fort Riley, Kansas.

7. On 17 November 1969, the applicant qualified expert with the M-14 rifle. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar in Special Orders Number 104, paragraph 7, published by Headquarters, 541st Supply and Service Battalion (General Support) (Forward), Fort Riley, Kansas, dated 3 December 1969.

8. The applicant was honorably discharged for the purpose of and immediate reenlistment on 2 February 1970 for a period of 4 years with a reenlistment option of assignment to a short tour in Thailand. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to him on his discharge shows he was awarded the National Defense Service Medal during this period of service. The Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar are not shown.

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9. The applicant arrived in Thailand on 28 April 1970 and was assigned to the Terminal Command, 9th Logistics Command. He remained assigned to that unit until he returned to the United States on 20 May 1971. The applicant was assigned to Fort Eustis, Virginia, and on 10 January 1972, he returned to Thailand. On his return to Thailand, he was assigned to the US Army Transportation Activity, a unit in direct support of operations in the Republic of Vietnam as verified by DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register.

10. The applicant was honorably discharged from active duty on 15 September 1972 under the provisions of Army Regulation 635-200, Chapter 5, Section XI, Sole Surviving Family Member, in the rank and pay grade of Sergeant, E-5, with a total of 4 years, 9 months and 6 days active Federal military service. Block 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized of his DD Form 214 shows he was awarded the Good Conduct Medal during this period of service. The National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar are not shown.

11. The applicant continued his service in the Army National Guard of West Virginia, and on 27 July 1993, he was honorably discharged for dependency or hardship affecting immediate family and was transferred to the US Army Reserve Control Group (Reinforcement). The applicant's NGB Form 22 was submitted as a source document for awards that the applicant is now requesting be added to his DD Forms 214. This form will not be discussed further in these proceedings.

12. Army Regulation 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

13. The above regulation, in paragraph 2-13a, includes amongst those eligible to receive the Vietnam Service Medal, ". . . all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973. Members of the Armed Forces of he United States 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."

14. The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces and authorized by DOD 1348.33-M. Paragraph 9-19, of the regulation referred to in paragraph 12 above, includes amongst those eligible to receive the Republic of

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Vietnam Campaign Medal, all personnel who 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 during the period from 1 March 1961 to 28 March 1973, inclusive, and who qualified for the Vietnam Service Medal.

15. Army Regulation 635-5 governs the preparation and distribution of the DD Form 214. The edition of the regulation in force at the time of his first discharge, for the purposes of immediate reenlistment, specified that all awards and decorations earned during the period covered by the DD Form 214 would be shown in Block 24. The edition of the regulation in force at the time of his discharge on 15 September 1972, specified that all awards and decorations earned for all periods of service would be shown in Block 24.

CONCLUSIONS:

1. The applicant was assigned to a unit in Thailand that provided direct support to operations of US Forces in the Republic of Vietnam between the dates 3 July 1965 through 28 March 1973. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace thereover, during this period and serving in direct support of operations in Vietnam are eligible for award of the Vietnam Service Medal. The applicant is therefore eligible for this award and to have this award added to his DD Form 214.

2. All personnel who 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 during the period from 1 March 1961 to 28 March 1973, inclusive, and who qualified for the Vietnam Service Medal are eligible for award of the Republic of Vietnam Campaign Medal. The applicant met the eligibility criteria and is therefore eligible for this award and to have it added to his DD Form 214.

3. The applicant qualified with the M-14 Rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. This badge is not shown on his DD Form 214. It would be appropriate to add this badge to his DD Form 214 at this time.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

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RECOMMENDATION:

That all Department of the Army records related to this case be corrected by:

         a. amending the applicant's DD Form 214 with an effective date of 2 February 1970 to add, in Block 24, the Vietnam Service Medal, Republic of Vietnam Campaign Medal and the Expert Marksmanship Qualification Badge with Rifle Bar to the already shown National Defense Service Medal.

         b. amending the applicant's DD Form 214 with an effective date of 15 September 1972 to add the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal and the Expert Marksmanship Qualification Badge with Rifle Bar to the already shown Good Conduct Medal.

BOARD VOTE:

__sac___ __slp___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Samuel L. Crumpler
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085385
SUFFIX
RECON
DATE BOARDED	20030610
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0073
3.	107.0088
4.
5.
6.