IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090009856 


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 records to show his overseas service, service in an U.S. Air Force (USAF) unit, and all authorized awards.  He also requests that he be provided a copy of the documents that show his assignment/attachment to his overseas units.

2.  Additionally, he requests that his separation document be corrected to show the Joint Service Commendation Medal and/or Joint Service Achievement Medal, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, four Overseas Service Bars, and the campaigns he participated in.

3.  The applicant states, in effect, his separation document does not show the time he spent in Thailand and that he was assigned to an USAF unit for 30 days in Korat, Thailand, which would entitle him to the Joint Service Commendation Medal or Joint Service Achievement Medal.  

4.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge),
DA Form 20 (Enlisted Qualification Record), attachment orders, and a 1st Signal Brigade unit listing that shows the Command Communications Control Center (Thailand) was a subordinate unit of the brigade as of 31 October 1966.



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 was inducted into the Army of the United States on 
19 September 1967 and honorably discharged on 25 September 1967.  He enlisted and entered active duty in the Regular Army for a period of 3 years on 26 September 1967.

3.  The applicant's DA Form 20 shows in:

a. Item 29 (Qualification in Arms) he qualified as a sharpshooter with the 
M-14 rifle in November 1967;

   b.  Item 31 (Foreign Service) he served in Thailand from 22 August 1968 through 9 August 1969, and in the Republic of Vietnam (RVN) from 1 October 1969 through 18 September 1970;

   c.  Item 38 (Record of Assignments) that he was assigned to the:

       (1)  U.S. Army Strategic Communications Command (USASTRATCOM) Facility, Korat [Thailand] from 26 August through 9 September 1968; 

       (2)  USASTRATCOM Facility, Korat [Thailand] and attached to the Command Communications Control Center (CCCC) [Thailand] from
10 September 1968 through 10 October 1969;
   
       (3)  USASTRATCOM Facility, Phu Lam [Vietnam] from 11 October 1969 through 28 February 1970; and

       (4)  USASTRATCOM Facility, U.S. Army (USA) Automatic Data Message Switching (ADMS) Company Phu Lam from 1 March through 8 September 1970;

   d.  Item 39 (Campaigns) he served in the [ an unnamed campaign] 11th campaign per Army Regulation 672-5-1 (Military Awards); and

	e.  Item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and two Overseas Service Bars.  This item also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar per Headquarters, 1st Brigade, Special Orders 243, dated 1967.

4.  Headquarters, 442nd Signal Battalion (Long Lines), Special Orders Number 187, dated 10 September 1968, show the applicant was assigned to the USASTRATCOM Facility, Korat [Thailand] and attached to the USA CCCC [Thailand], effective 12 September 1968.

5.  Headquarters, USASTRATCOM Regional Communications Group (Vietnam), Special Orders Number 263, dated 10 October 1969, show the applicant was released from assignment (not joined):  USASTRATCOM Regional Communications Group (Vietnam) and assigned to the USASTRATCOM Facility Phu Lam [Vietnam], effective 15 October 1969.

6.  Headquarters, USASTRATCOM Facility Phu Lam, Special Orders Number 264, dated 17 October 1969, show the applicant was reassigned from the USASTRATCOM Facility Phu Lam [Vietnam] and assigned to the USA ADMS Center Phu Lam [Vietnam], effective 17 October 1969.

7.  Headquarters, USASTRATCOM Facility Phu Lam, Special Orders Number 48, dated 28 February 1970, show the applicant was released from the USA ADMS Center Phu Lam [Vietnam] and assigned to the (redesignated) USASTRATCOM ADMS Company Phu Lam [Vietnam], effective 1 March 1970.

8.  Headquarters, USASTRATCOM Signal Support Agency Phu Lam, Special Orders Number 184, dated 12 August 1970, amended by Special Orders Number 196, dated 25 August 1970, show the applicant was reassigned from the USASTRATCOM ADMS Company (ADMSC) Phu Lam [Vietnam] and assigned to the USA Vietnam Returnee Detachment [Vietnam] on 7 September 1970 for further assignment to the USA Transfer Station, Oakland, CA.

9.  The applicant's military personnel records do not contain any orders or other evidence showing award of the Joint Service Commendation Medal or Joint Service Achievement Medal.

10.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 September 1970 based on early separation as an overseas returnee.  It also shows in:

   a.  Item 12 (Last Duty Assignment and Major Command) the entry, "USASTRATCOM ADMSC PHU LAM USARPAC [U.S. Army Pacific Command]";

   b.  Item 22 (Statement of Service), block c (Foreign and/or Sea Service), the entry, "SEE 30" and that the applicant completed 1 year, 10 months, and 27 days of foreign service.

   c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Good Conduct Medal, Army Commendation Medal, two Overseas Service Bars, National Defense Service Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with the M-16 [Automatic Rifle Bar], Sharpshooter Marksmanship Qualification Badge with the M-14 [Rifle Bar], and Republic of Vietnam Campaign Medal; and

   d.  Item 30 (Remarks), in pertinent part, the entry "RVN 1 OCT 69 TO 18 SEP 70."

11.  The ABCMR does not maintain records.  The applicant may request copies of his official military personnel file to include assignment orders by completing a Standard Form 180 at http://www.archives.gov/ and e-mailing it or completing it and mailing it to the: National Personnel Records Center, 9700 Page Avenue St. Louis, Missouri 63132.  The retrieval of records will not be further discussed.

12.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in support of the Vietnam Conflict.  A review of this pamphlet determined that during the period of the applicant's overseas service in Thailand and the RVN, none of the units he was assigned or attached to was cited for award of the Presidential Unit Citation.

14.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to the USASTRATCOM USA ADMSC Phu Lam (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).
15.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards:

   a.  Appendix B of this regulation lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

   b.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963 and implemented by Department of Defense (DoD) 1348.33-M (Manual of Military Awards and Decorations).  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   c.  The Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983 and implemented by DoD 1348.33-M.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   d.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Award of the Presidential Unit Citation to Army units is announced in Headquarters, Department of the Army General Orders.

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars:

   a.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit towards the Overseas Service Bar.

	b.  This Army regulation does not list service in Thailand as qualifying for award of the Overseas Service Bar.

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, all available records will be used as a basis for the preparation of the DD Form 214, including the Service Record, Enlisted/Officer Qualification Record, and orders.
The instructions for:

	a.  Item 14 state, in pertinent part, for personnel reassigned on orders to a transfer activity, enter the losing unit of assignment as shown in the standard name line of the orders and the title of the major command or agency having jurisdiction over the losing unit of assignment;

   b.  Item 22c state to enter 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; 

	c.  Item 24 state to enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein; and

   d.  Item 30 state, in pertinent part, the "Remarks" section will be used to complete entries too long for their respective items.  It indicates that Indochina and Korea service on or after 5 August 1964 will be shown by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service in Thailand, service in an USAF unit, and all of his authorized awards.

2.  Records show the applicant's overseas service and units of assignment in Thailand and the RVN are documented in the form of special orders and also in items 31 and 38 of his DA Form 20.  In addition, item 22c, of the applicant's DD Form 214 documents his total creditable overseas service in Thailand and the RVN, and item 30 shows he served in the RVN from 1 October 1969 to
18 September 1970.  However, item 30 does not show his service in Indochina (i.e., Thailand).  Therefore, it would be appropriate to correct the applicant's 1970 DD Form 214 to show this service.

3.  Item 12 of the applicant's DD Form 214 correctly shows his last unit of assignment in the RVN prior to being reassigned to a transfer activity.  There is no regulatory requirement to show the Soldier’s other unit(s) of assignment/ attachment during the period of active duty covered by the DD Form 214.

4.  There are no orders or other evidence that show the applicant was awarded the Joint Service Commendation or the Joint Service Achievement Medal.  (It is noted that the Joint Service Achievement Medal was authorized on 3 August 1983, which was after the period of active duty service that is under review.)  Therefore, the applicant is not entitled to correction of his records to show either of these awards.

5.  The available records fail to support the applicant's claim that any of the units he was assigned or attached to while serving overseas was awarded the Presidential Unit Citation.  Therefore, the applicant is not entitled to correction of his records in this instance.

6.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his 1970 DD Form 214 to show award of Vietnam Service Medal with four bronze service stars.

7.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his 1970 DD Form 214 to show this foreign unit award.

8.  The applicant's 1970 DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with the M-16 [Automatic Rifle Bar] and Sharpshooter Marksmanship Qualification Badge with the M-14 [Rifle Bar].  Therefore, no action is necessary to correct his DD Form 214 in this instance.

9.  Records show the applicant served in the RVN from 1 October 1969 through 18 September 1970, which equates to two 6-month periods qualifying him for award of two Overseas Service Bars.  Records also show the applicant's 1970 DD Form 214 shows award of two Overseas Service Bars.  The governing Army regulation does not authorize the Overseas Service Bar for service in Thailand.  Therefore, the applicant is not entitled to correction of his 1970 DD Form 214 to show any additional Overseas Service Bars.

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:

	a.  deleting from item 24 of his 1970 DD Form 214 the "Vietnam Service Medal" and adding to item 24 the "Vietnam Service Medal with four bronze service stars and Republic of Vietnam Gallantry Cross with Palm Unit Citation"; and

   b.  adding to item 30 of his 1970 DD Form 214 the entry "Indochina (Thailand):  Yes."

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 service with the U.S. Air Force; showing additional assignments in item 12; and showing award of the 



Joint Service Commendation Medal, Joint Service Achievement Medal, Presidential Unit Citation, and two additional Overseas Service Bars.



      _______ _   _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)                                         AR20090009856



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ABCMR Record of Proceedings (cont)                                         AR20090009856



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