BOARD DATE:	  6 May 2010

		DOCKET NUMBER:  AR20090016783 


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, correction of his military records to show a combat duty assignment during the period July 1967 to July 1968 while assigned to Thailand and a temporary duty (TDY) assignment in Vietnam in 1968.  He also requests combat awards for these periods of service. 

2.  The applicant states:

* his Army records do not reflect combat duty for Laos over flight or the appropriate awards typically provided for combat status during his assignment to the 7th Radio Research Field Station (RRFS) from July 1967 to July 1968 in Thailand
* his TDY assignment in the Republic of Vietnam (138th Aviation Company) in DaNang during the TET offensive of 1968 and the typical awards for that duty were omitted from his records
* combat awards or acknowledgement were not provided for the period July 1967 to July 1968 possibly due to the highly classified nature of assignment
* he was directly involved in Laotian over flight, regularly exposed to hostile fire, Mig alerts, and combat activity over the Plains de Jars and the Laotian panhandle
* during his assignment to the 7th RRFS in Thailand he received flight status pay and combat pay (combat pay would not have been awarded for non combat status)
* he received the Air Medal for the period July 1967 to July 1968 (the Air Medal was not awarded for non combat status)  
3.  The applicant provides:

* two eyewitness statements
* Letter of Appreciation
* DD Form 214 (Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)

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 enlisted in the Regular Army on 15 June 1964 for a period of 
4 years.  His DA Form 20 (Enlisted Qualification Record) shows he served as a Morse code interceptor in Vietnam from 12 April 1965 through 10 May 1966.  He served as a Morse code interceptor while assigned to Headquarters, 7th RRFS in Thailand from 11 August 1967 through 23 July 1968.  On 28 July 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Good Conduct Medal, the Meritorious Unit Commendation, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

4.  Item 22c (Foreign and/or Sea Service) on the applicant's DD Form 214 shows the entry "2 0 15" [2 years and 15 days].

5.  Item 31 (Foreign Service) on the applicant's DA Form 20 shows he served in Vietnam from 12 April 1965 through 10 May 1966 and he served in Thailand from 11 August 1967 through 26 July 1968.  

6.  In support of his claim, the applicant provided two eyewitness statements from fellow Soldiers at the time in question.  They attest they were assigned to the 7th RRFS Aviation section during the period July 1967 to July 1968, the applicant was engaged in classified combat operations that received ground fire, and the applicant received combat flight pay. 

7.  In support of his claim, the applicant provided a Letter of Appreciation, dated 10 June 1968, which states he was TDY with the 138th Aviation Company in DaNang, Vietnam during the month of May 1968.

8.  The citation for the applicant's Air Medal (First and Second Oak Leaf Cluster) states he distinguished himself by meritorious achievement while participating in aerial flight during the period 25 February 1968 to 7 June 1968 while serving as a crewmember aboard aircraft engaged in sustained combat support operations for the armed forces of the United States in defense of the freedom of the people of Southeast Asia and while performing his duties he was continuously exposed to possible hostile fire.  

9.  A DD Form 215, dated 14 October 2009, amended the applicant's DD Form 214 by deleting the Vietnam Service Medal and adding the Air Medal with Numeral 3, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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 attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.   "Direct support" is defined as services being supplied the combat forces in the area of operations 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.  

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Qualifying Campaign Periods for Service Stars: Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968).

12.  Army Regulation 635-5 (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.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  There is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests his military records be corrected to show a combat duty assignment while assigned to Thailand and a TDY assignment in Vietnam in May 1968, the governing regulation states that there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214.  His duty assignments in Thailand and Vietnam are properly reflected on his DA Form 20.  

2.  The applicant contends combat awards or acknowledgement were not provided for his duty during the period July 1967 to July 1968.  However, he received the Air Medal (First and Second Oak Leaf Cluster) for participating in aerial flight during the period 25 February 1968 to 7 June 1968 while serving as a crewmember aboard aircraft engaged in sustained combat support operations for the armed forces of the United States in defense of the freedom of the people of Southeast Asia and while performing his duties he was continuously exposed to possible hostile fire.  
  
3.  Based on the applicant's service in Vietnam from 12 April 1965 through 
10 May 1966 and participation in two campaigns, he is entitled to the Vietnam Service Medal with two bronze service stars which is properly shown on his 
DD Form 215.  However, since he was TDY to Vietnam during the month of May 1968, he is also entitled to a third award of the bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his military records should be corrected to show the Vietnam Service Medal with three bronze service stars.    

4.  There is no evidence of record which shows the applicant is entitled to any additional awards for his service in Thailand or his TDY assignment in Vietnam in 1968.  







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 further amending his DD Form 214 to show the Vietnam Service Medal with three bronze service stars. 

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 amending his military records to show a combat duty assignment or a TDY duty assignment.  



      _______ _   _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)                                         AR20090016783



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ABCMR Record of Proceedings (cont)                                         AR20090016783



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