IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090009149 


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, via his Veterans’ Services Counselor, requests reconsideration of his request to show his service in Vietnam on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 
12 January 1970.

2.  The applicant makes no additional statements regarding his request. 

3.  The applicant provides, in support of his application, a statement of support from a former Soldier who attests to the applicant’s TDY (Temporary Duty) status in Vietnam, along with copies of his travel settlement documents, military pay voucher, and DD Form 214; a copy of his (the applicant's) DD Form 214; and a statement from a Veterans' Services Coordinator attesting to the believability of the supporting statement.

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 AR20080004670 on 13 January 2009.

2.  The supporting statement and associated documents are new evidence not previously considered by the Board and as such warrant consideration.


3.  In the Board’s original deliberations, it was concluded that the applicant may have or be able to obtain information in the form of sworn statements from individuals who served with the applicant in Vietnam and who, themselves, have substantiating documents, helping to substantiate the applicant’s request to correct his DD Form 214.

4.  The statement submitted in support of the applicant’s request for reconsideration was authored by a Mr. J--- M. W----, an individual, who is also listed on the same orders as the applicant, authorized travel in a TDY status to Thailand and Vietnam from 6 November 1968 for approximately 64 days, later amended to read approximately 124 days.

5.  The statement from Mr. W---- is addressed “To Whom it May Concern,” dated
31 March 2008.  It appears to be a statement originally submitted to support the applicant’s Department of Veterans Affairs (VA) claim.  The statement notes the author was with the applicant in Vietnam on temporary duty in November 1968 to install a new Signal Intelligence station and that he and the applicant returned to Vietnam in May 1969 and they were there until July 1969.

6.  Mr. W----’s travel voucher, which was submitted to show that he had in fact traveled to Vietnam, was processed in March 1969 and shows that Mr. W---- traveled from Hawaii to Vietnam in November 1968 and he returned to Hawaii in March 1969 and that he received a “casual payment” of $100.00 while in Vietnam on 22 February 1969.  The travel voucher confirms that travel payments were associated with Headquarters, U.S Army Security Agency, Pacific, Letter Orders Number 11-3-68, dated 1 November 1968, as amended by Letter Orders Number 1-4-69, dated 3 January 1969.

7.  Letter Orders Number 11-3-68, a copy of which the applicant provided in his original request to the Board, and Letter Orders Number 1-4-69 contain both the applicant’s and Mr. W----’s name and authorized TDY in Vietnam and Thailand for a total of 124 days commencing in November 1968.

8.  Mr. W---- and the applicant are also both listed on Letter Orders Number 
5-84-69, issued by the same headquarters, dated 13 May 1969, authorizing
TDY in Thailand and Vietnam for approximately 94 days, commencing on 15 May 1969.  However, there are no travel documents provided by Mr. W---- or the applicant which confirm that TDY session was executed.  Mr. W---- merely notes in this supporting statement that he and the applicant returned to Vietnam in May 1969.


9.  Mr. W-----’s October DD Form 214 for the period ending 28 October 1969 does reflect entitlement to the Vietnam Service Medal and the Republic of Vietnam Campaign Medal, but also reflects 2 years, 8 months, and 3 days of foreign service in item 22c (Foreign and/or Sea Service).  Unlike the applicant’s DD Form 214, which shows in item 22c that the applicant served 1 year and
19 days in Korea, Mr. W----’s DD Form 214 does not specify the location of his overseas service.

10.  In a 3 March 2009 statement to the Board a Veterans' Services Coordinator from the Office of Veterans’ Service in Honolulu, Hawaii, stated that he had contacted the VA to verify if Mr. W---- actually served in Vietnam and therefore could state with certainty that the applicant was “in-country.”  The Veterans' Services Coordinator stated that he was able to document that Mr. W---- was in Vietnam and that as a witness for the applicant, Mr. W---- was believable.

11.  Army Regulation 635-5 (Separation Documents) in effect at the time stated that item 22c would reflect the total “active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed.”

12.  Army Regulation 600-8-22 states that the Vietnam Service Medal (VSM) was established by EO 11231, 8 July 1965, as amended by EO 13286, 2 February 2003.  It is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  To qualify for award of the VSM an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations or serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.

DISCUSSION AND CONCLUSIONS:

Based on the information provided by Mr. W----, there is now sufficient evidence to conclude that the applicant did in fact serve in Vietnam in a TDY status.  While there are no provisions for entering a specific statement noting the applicant’s TDY status in Vietnam, that service does entitled him to the Vietnam Service Medal, which will serve to confirm service within that theater.


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 partial amendment of the ABCMR’s decision in Docket Number AR20080004670, dated 13 January 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to add the Vietnam Service Medal.

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 including a statement on his DD Form 214 which specifies his TDY status in Vietnam.



      ___________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)                                         AR20090009149



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ABCMR Record of Proceedings (cont)                                         AR20090009149



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