IN THE CASE OF:
BOARD DATE: 10 February 2009
DOCKET NUMBER: AR20080015599
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, reconsideration of his earlier request to show service in Vietnam and the Good Conduct Medal on his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge).
2. The applicant states, in effect, that he thought the copies of the photographs previously provided showing him in Vietnam would have been adequate proof.
3. The applicant provides, in support of his application, a copy of a leave and earnings statement (LES) for the period from 1 March through 31 March 1973. He also submits letters from two members of his family and a friend who knows he went to Vietnam.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080009715 on 5 August 2008.
2. The documents submitted by the applicant are new evidence that require reconsideration of the case.
3. The LES for the period 1 March through 31 March 1973 shows the applicant was paid hostile fire pay and was on temporary duty (TDY) in the Republic of Vietnam in January and February 1973 and that he was in a combat zone (and therefore exempt from federal income taxes) for the period 28 January through 27 February 1973.
4. 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 or for temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas.
5. Appendix B of the regulation shows the campaign periods for Vietnam. During the applicants tour in Vietnam he participated in the Vietnam Ceasefire Campaign. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
6. Army Regulation 635-5 (Separation Documents) provides item by item instructions for completion of the DD Form 214. The instruction for item 30 (Remarks) required, in pertinent part that service in Korea and Indochina on or after 5 August 1964, were to be noted by inclusive dates for Vietnam and by "Yes" or "No" for Indochina and Korea. For example, service only in Vietnam would have be shown as "Vietnam30 Jun 66 thru 1 Jul 67, IndochinaYes, KoreaNo."
7. The original record of proceeding did not discuss the Good Conduct Medal.
8. General Orders 374 of Headquarters, U.S. Army Base Command, Okinawa, dated 5 November 1973 awarded the applicant the Good Conduct Medal for the period 30 November 1970 to a date of separation on or about (DOSOA)
25 November 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he thought the photographs that were previously provided were adequate proof that he had been in Vietnam.
2. The applicants LES for the period 1 March through 31 March 1973 shows he served in Vietnam from 28 January to 27 February 1973. He may also have served there before or after this period, but these are the only dates documented.
3. The applicant's Vietnam service should be shown on his DD Form 214 in item 30 as prescribed in the governing regulation then in effect.
4. The applicant qualified for award of the Vietnam Service Medal with one bronze service star. It should be added to his DD Form 214.
5. The applicant was awarded the Good Conduct Medal. It should also be shown on his DD Form 214.
BOARD VOTE:
___X____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20080009715, dated 5 August 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing in addition to the awards currently listed on his DD Form 214, he is also authorized the Good Conduct Medal and the Vietnam Service Medal with one bronze service star; and
b. adding to item 30 of his DD Form 214 "Vietnam28 Jan 73 thru 27 Feb 73, IndochinaYes, KoreaNo."
_______ _ 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) AR20080015599
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ABCMR Record of Proceedings (cont) AR20080015599
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