IN THE CASE OF:	  

		BOARD DATE:	       16 April 2009

		DOCKET NUMBER:  AR20080018471 


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 reflect awards and decorations associated with his military service.  He also asks that his records be correct to show credit with serving in the Republic of Vietnam from September 1961 through March 1962.

2.  The applicant states that after nearly 46 years he believes that he should be awarded the medals that were provided to others serving in Vietnam during this same period.  He states he first arrived in Laos in 1961.

3.  The applicant provides copies of photographs which he identifies as evidence of his military service.  He also submits a copy of his 1962 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 12 March 1959.  In February 1960 he was assigned to Fort Bragg, North Carolina.  In April 1961 he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars.

3.  Section 5 (Service outside Continental United States) on the applicant’s DA Form 24 (Service Record) notes the applicant departed Travis Air Force Base in California en route to Laos on 3 September 1961.  He arrived in Laos on 
9 September 1961 and departed on 20 February 1962, arriving at Travis Air Force Base on 27 February 1962.  A message contained in his records indicate the applicant, and 34 other Soldiers, were ordered to proceed from Fort Bragg to Thailand and “thence to Laos” on temporary duty for approximately 180 days as a member of the White Star Mobile Training Team.  The applicant was assigned to the 7th Special Forces Group at Fort Bragg at the time he proceeded on this temporary duty.

4.  The Special Operations Command historical website shows that Operation White Star was a clandestine operation conducted in Laos between 1959 and 1962, under the auspices of the CIA (Central Intelligence Agency), but through the Ambassador to Laos to "assist" Laos in fighting the communists.  

5.  On 15 June 1962 the applicant was released from active duty with an honorable characterization of service.  Item 24c (foreign and/or sea service) reflects his 5 months and 25 days of overseas service.  Item 26 (decorations, medals, badges, commendations, citation and campaign ribbons awarded or authorized) reflects only the applicant’s Parachutist Badge.

6.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  The Armed Forces Expeditionary Medal was authorized for service in Laos between 19 April 1961 and 7 October 1962 and for service in Vietnam between 1 July 1958 and 3 July 1965.  Individuals entitled to the Armed Forces Expeditionary Medal based on service in Vietnam between 1958 and 1965 were subsequently authorized to request award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Force.  The Vietnam Service Medal was not authorized to be awarded in lieu of the Armed Forces Expeditionary Medal awarded for service in Laos between 19 April 1961 and 7 October 1962.

7.  Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974, inclusive.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board indicates the applicant served in Laos in a temporary duty status between September 1961 and February 1962.  There is no evidence he served in Vietnam.  As such, there is no basis to correct the applicant’s record to show service in Vietnam or entitlement to any awards and decorations which would have been specifically associated with service in Vietnam.

2.  However, based on the applicant’s service in Laos he is entitled to the Armed Forces Expeditionary Medal.

3.  The evidence also shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars and that he is entitled to the National Defense Service 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 adding to item 26 of the applicant's DD Form 214 the Armed Forces Expeditionary Medal, National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars.




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 credit for service in Vietnam or entitlement to awards specifically associated with such service.



      ________xxx_______________
               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)                                         AR20080018471



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ABCMR Record of Proceedings (cont)                                         AR20080018471



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