IN THE CASE OF:	  

		BOARD DATE:	1 September 2009  

		DOCKET NUMBER:  AR20090004876 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

2.  The applicant states that he was a combat photographer for a period of
9 months in the Republic of Vietnam but was not awarded the Vietnam Service Medal or Republic of Vietnam Campaign Medal.  

3.  The applicant provides, in support of his application, copies of his DD Form 214 and letters of support from his former commanders.

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.  On 23 January 1970, the applicant enlisted in the Regular Army (RA) for 3 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 84C (Motion Picture Photographer).

3.  First Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, Special Orders Number 48, dated 14 March 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  On 31 July 1970, the applicant departed Fort Monmouth, NJ for duty in Hawaii.  He was assigned for duty with the U.S. Army Special Photographic Detachment on 26 August 1970.

5.  On 23 February 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank of specialist five (SP5), pay grade E-5 and he had completed 3 years, 1 month, and 1 day of creditable active duty service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal and the Army Good Conduct Medal.  It does not show award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal.

7.  In a letter dated 1 March 2009, the former commander of the Special Photographic Detachment from 14 May 1970 until March 1971 wrote that, beginning in September 1970, the applicant participated in 90-day assignments to the Republic of Vietnam.  The author cannot recall exact dates.  While on these temporary duty assignments, the applicant was not under the operational control of any in-country command and he was responsive only to requests generated by the Department of the Army staff.  The author also provided a copy of his DD Form 214 showing that at the time of his release from active duty, his last assignment was with the U.S. Army Special Photographic Detachment in Hawaii.

8.  In a letter dated 1 March 2009, the follow-on former commander of the Special Photographic Detachment from 4 January 1971 to February 1974 wrote that he recalled the applicant being a member of the unit when he arrived.  The applicant had completed multiple trips to the Republic of Vietnam for periods up to approximately 3 months at a time.  The applicant provided meritorious service to his country in difficult and sometimes dangerous situations.


9.  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 service on temporary duty for 30 consecutive days or 60 non-consecutive days in the Republic of Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each designated campaign (1) while assigned or attached to and present for duty with a unit during the period in which it participated in combat or (2) under orders in the combat zone and in addition meets any of several requirements including:  being awarded a combat decoration; being furnished a certificate by a commanding general of a corps, higher unit, or independent force that he actually participate in combat; or serving at a normal post of duty.  

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

2.  The available evidence convincingly shows that the applicant served in the Republic of Vietnam on more than one occasion in a temporary duty status as a motion picture photographer.  However, he was not attached to or regularly serving with any organization that participated in or directly supported military operations in Vietnam.  Therefore, he is authorized award of the Vietnam Service Medal without a bronze service star. 

3.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

4.  The available evidence does not confirm that the applicant served a qualifying period (6 months) in the Republic of Vietnam for award of the Republic of Vietnam Campaign Medal.  Therefore, there is an insufficient basis for granting the applicant's requested relief on this issue.

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 24 of the applicant's DD Form 214 the Vietnam Service Medal and the Expert Marksmanship Qualification Badge with Rifle 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.



      ___________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)                                         AR20090004876



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ABCMR Record of Proceedings (cont)                                         AR20090004876



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