BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090015463 


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 (Report of Transfer or Discharge) to show award of the Special Forces (SF) Tab, Vietnam Service Medal, and other related campaign awards if appropriate.

2.  The applicant states he successfully completed SF Training in 1966 and carried the service [skill] qualification identifier "S."  He contends the SF Tab was introduced in 1983; however, this tab is a retroactive award for Special Forces qualified personnel.  He claims when he was discharged in 1968 he does not believe the Vietnam Service Medal was available to members of the 46th Special Forces Company but he understands this medal has subsequently been awarded to those who served in Cambodia, Laos, and Thailand.

3.  The applicant provides DD Forms 214 for the periods ending 13 July 1967 and 10 June 1968 in support of his application.

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 14 July 1965.  He successfully completed basic training, advanced individual training, and basic airborne training in military occupational specialty (MOS) 11B (light weapons infantryman).  The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed 21-weeks of Special Forces Training at the U.S. Army Special Forces Training Group (Airborne), Fort Bragg, NC in 1966 and was awarded MOS 05B4S (radio operator).  On 13 July 1967, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant's DD Form 214 for the period ending 13 July 1967 does not show the SF Tab as an authorized award.

4.  The applicant was ordered to active duty on 14 July 1967 for a period of 
11 months.  He arrived in Thailand on 27 August 1967.  He served in MOS 05B4S assigned to the 47th Special Forces Company (Airborne) in Thailand from 27 August 1967 through 3 June 1968.  On 10 June 1968, the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  The applicant's DD Form 214 for the period ending 10 June 1968 does not show the SF Tab, Vietnam Service Medal, or any other Vietnam service-related awards.

6.  There are no orders for the SF Tab in the available records.

7.  There is no evidence of record which shows the applicant's unit served in direct support of operations in Vietnam.

8.  There is no evidence of record which shows the applicant served in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) states the SF Tab may be awarded to any person meeting one of the following criteria:  (1) successful completion of U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWCS)-approved Active Army institutional training leading to SF qualification; (2) successful completion of a USAJFKSWCS-approved Reserve Component SF qualification program; or (3) successful completion of an authorized unit-administered SF qualification program.
10.  Army Regulation 600-8-22 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.  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.
11.  Direct support is defined in Army Regulation 600-8-22 as services being supplied to combat forces in the area of eligibility by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area; and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.
12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  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 during this period.  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 for 6 months and meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The entries on the applicant's DA Form 20 which show he completed 
21 weeks of Special Forces Training at the U.S. Army Special Forces Training Group (Airborne), Fort Bragg, NC in 1966 is accepted as sufficient evidence on which to amend his DD Form 214 to show the SF Tab.

2.  The applicant's request for the Vietnam Service Medal and any other related campaign awards was noted.  Evidence of record shows the applicant served as a radio operator assigned to the 47th Special Forces Company (Airborne) during his tour in Thailand.  While there is no evidence of record which shows his unit served in direct support of operations in Vietnam, most Special Forces units in Southeast Asia were sent wherever they were needed, to include Vietnam.  Therefore, any reasonable doubt as to whether the applicant served in direct support of operations in Vietnam should be resolved in his favor and the Vietnam Service Medal should be added to his DD Form 214.  However, bronze service stars denoting campaign participation are not authorized on the Vietnam Service Medal when that medal was awarded based on assignment outside of Vietnam.

BOARD VOTE:

___x_____  __x______  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 his DD Form 214 for the period ending 10 June 1968 the SF Tab and the Vietnam Service 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)                                         AR20090015463



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ABCMR Record of Proceedings (cont)                                         AR20090015463



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