RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20070017974 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and any other awards based on his service in the Republic of Vietnam.

2.  The applicant states that he served in the Republic of Vietnam from September 1967 to September 1968 and that his awards and decorations are not shown on his records. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 September 1968, in support of his application. 

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's records show that he was inducted into the Army of the United States on 22 November 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12A (Pioneer).  The highest grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 26 September 1968. 

3.  The applicant’s records further show that he arrived in the Republic of Vietnam on 20 September 1967.  He was assigned to Headquarters and Headquarters Company, 27th Engineer Battalion (Combat).  Subsequent to his arrival in the Republic of Vietnam the applicant was further reassigned as follows:


	a.  on 27 September 1967, Headquarters, 27th Engineer Battalion (Combat) published Special Order Number 216, further assigning him to C Company, 27th Engineer Battalion (Combat) in the Republic of Vietnam;

	b.  on 22 February 1968, Headquarters, 27th Engineer Battalion (Combat) published Special Orders Number 52, further assigning him to the U.S. Army Republic of Vietnam (USARV) Returnee (Rtne) Detachment, effective 23 February 1968, for further assignment to Headquarters and Headquarters Company, U.S. Army Support Thailand (USASUPTHAI), Thailand, effective 2 March 1968; and

	c.  on 12 April 1968, Headquarters, U.S. Army Support Thailand, published Special Orders Number 100, further assigning him to the 697th Engineer Company (Pipeline), 44th Engineer Group (Construction), Thailand, effective 2 March 1968, and on 22 April 1968, he was awarded MOS 51F (Pipeline Specialist).

4.  Item 24 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal.  Item 24 does not show award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal.

5.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 19 September 1967 to 27 February 1968 and in Thailand from 27 February 1968 to 18 September 1968. 

6.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows he was assigned to C Company, 27th Engineer Battalion (Combat), from 21 September 1967 to 28 February 1968.  It also shows he was assigned to the 697th Engineer Company (Pipeline) from 1 March 1968 to 24 September 1968. 

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.
9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968) and the Tet Counteroffensive (30 January 1968 to 1 April 1968) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Headquarters, United States Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 235, dated 23 August 1967, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 19 August 1967.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 27th Engineer Battalion (Combat) was awarded the following awards during its service in the Republic of Vietnam: 

      a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974;

	b.  the Meritorious Unit Commendation during the period 1 April 1967 to 31 March 1968, based on Department of the Army General Orders Number 38, dated 1970; and

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during the period 9 August 1967 to 18 April 1968, based on Department of the Army General Orders Number 43, dated 1970. 

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

15.  The U.S. Army build-up on Thailand can be traced to the establishment of the U.S. Military Assistance Command on 15 May 1962.  Early that year, a combined U.S. task force was deployed to Thailand on a military exercise that included a U.S. Marine (USMC) battalion, a U.S Army (USA) infantry battalion, and supporting elements under the 9th Logistical Command.  They were joined by an Army aviation battalion on 10 July 1962.  Subsequently, several U.S. Army units were sent to Thailand on permanent basis and by November 1966, the U.S. Army Support Command, Thailand was established.  Army units that 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and other awards based on his service in the Republic of Vietnam.

2.  The applicant completed 1 year and 8 days of foreign service in the U.S. Army Pacific Command (USARPAC) which includes both the Republic of Vietnam and Thailand.  He served 5 months and 9 days in the Republic of Vietnam from 19 September 1967 to 27 February 1968 and 6 months and 29 days in Thailand from 27 February 1968 to 24 September 1968. 

3.  Evidence of record shows that the applicant served a qualifying period for award of the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal and correction of his records to show this award.




4.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the applicant’s service in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show these awards. 

5.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show these awards.

6.  Evidence of record shows that the applicant served a qualifying period for award of one Overseas Service Bar.  Therefore, he is entitled to correction of his records to show this award. 

7.  With respect to award of the Republic of Vietnam Campaign Medal, there is insufficient evidence to confirm the applicant's entitlement to this award.  Evidence of records shows that:

	a.  he served 5 months and 9 days in the Republic of Vietnam.  This period of service by itself is not a qualifying period for award of the Republic of Vietnam Campaign Medal;

	b.  subsequent to his service in Vietnam, he was reassigned to the 697th Engineer Company (Pipeline) in Thailand and completed 6 months and 29 days of service in Thailand.  There is no evidence that shows the 697th Engineer Company (Pipeline) was deployed to the Republic of Vietnam or that it provided direct or indirect support functions related to the Vietnam conflict; and 

	c.  in the absence of sufficient evidence that shows the 697th Engineer Company (Pipeline) received Vietnam service credit in recognition of its supporting role, the applicant's periods of service in Vietnam and Thailand cannot be combined to award him the Republic of Vietnam Campaign Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x__  __x___  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Rifle Bar   (M-16), and one Overseas Service Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Republic of Vietnam Campaign Medal.



							RML
      	______________________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017974



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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