IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080003825 


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, in effect, that his records be corrected to show he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation. 

2.  The applicant states, in effect, that his receipt of these awards was precluded by the fact that the manner in which he earned them is classified either Secret or Top Secret.

3.  The applicant provides copies of two DA Forms 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450) and 37 pages of correspondence exchanged during the period 18 June 2003 through 31 December 2007 between himself and: the National Personnel Records Center, the Military Awards Branch of the Army Human Resources Command (HRC), the Army Congressional Liaison Office, Members of Congress, and the White House as documentary evidence in support of this 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 record shows that he was inducted into the Army of the United States on 8 August 1960.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 813.10 (Cartographic Draftsman).  The highest rank he attained while serving on active duty was the temporary grade of specialist four (SP4)/pay grade E-4.  The applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) effective 7 August 1962.

3.  DA Form 873, dated 11 October 1961, shows a National Agency Check resulted in granting the applicant a Secret clearance effective 11 October 1961.

4.  DD Form 398 (Statement of Personal History), dated 14 February 1962, shows an investigation was initiated to determine if the applicant's security clearance could be upgraded to Top Secret.  Item 21 of this form shows the request was submitted because the applicant's duty assignment required him to handle classified information up to and including Top Secret.

5.  DA Form 873, dated 19 June 1962, shows a Background Investigation resulted in granting the applicant a Top Secret clearance effective 19 June 1962.

6.  Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows that he served at Fort Carson, Colorado; Fort Hood, Texas; and Fort Bragg, North Carolina during the period 8 August 1960 through 7 August 1962.

7.  Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 does not contain any entries.

8.  Section 7 (Combat Record) of the applicant's DA Form 24 does not contain any entries.

9.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 does not show award of the Vietnam Service Medal, the Vietnam Campaign Medal, or the Republic of Vietnam Civil Actions Honor Medal Unit Citation.

10.  Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not credit him with any overseas service.

11.  Item 26 (Decorations, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Vietnam Service Medal, the Vietnam Campaign Medal, or the Republic of Vietnam Civil Actions Honor Medal Unit Citation.

12.  Item 34 (Signature of Person Being Transferred or Discharged) of the applicant's DD Form 214 contains the applicant's signature indicating that he had reviewed the form for administrative accuracy.

13.  DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 18 July 2005, corrected the applicant's DD Form 214 by adding award of the National Defense Service Medal to Item 26.

14.  A thorough review of the applicant's available records revealed no indication that he served in the Republic of Vietnam or any other overseas location.

15.  The applicant provides 37 pages of correspondence exchanged during the period 18 June 2003 through 31 December 2007 between himself and: the National Personnel Records Center, the Military Awards Branch of the Army Human Resources Command (HRC), the Army Congressional Liaison Office, Members of Congress, and the White House.  This correspondence essentially shows that the applicant repeatedly wrote to the agencies listed above requesting award of the Vietnam Service Medal, the Vietnam Campaign Medal, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation; the correspondence also shows that his requests were repeatedly denied due to the lack of corroborating evidence that he was entitled to receipt of the aforementioned awards and decorations.  During the course of researching the applicant's request, it was determined that he was eligible for the National Defense Service Medal and the Cold War Recognition Certificate and he was issued each accordingly.

16.  Army Regulation 600-8-200 (Military Awards) provides in pertinent part that the Republic of Vietnam Civil Actions Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned (66th Engineer Company (Topographic) VXIII Airborne Corps), was not cited for any unit awards during his period of assignment to the unit.

18.  Army Regulation 600-8-22 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.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation were carefully considered and found to be without merit.

2.  The fact that the applicant was granted a security clearance only proves that he was permitted access to classified information; it does not imply or corroborate that he participated in classified missions.

3.  The Army has provisions for recognizing the achievements of both individuals and units during the performance of classified missions without compromising classified information.

4.  The applicant's record shows no indication that he served either in the Republic of Vietnam or outside the continental United States for any period of time.  There is also no indication that he provided direct combat support to the Republic of Vietnam and Armed Forces.

5.  There is no evidence in the applicant's personnel records which shows that he is entitled to receipt of the Vietnam Service Medal or the Vietnam Campaign Medal.

6.  Department of the Army Pamphlet 672-3 shows the unit, to which the applicant was assigned, was not cited for receipt of any unit awards during the time he was a member of the unit.  Therefore, the applicant is not entitled to have his records corrected to show award of the Republic of Vietnam Civil Actions Honor Medal Unit Citation.

7.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X___  __X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20080003825



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ABCMR Record of Proceedings (cont)                                         AR20080003825



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