BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100010891 


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 his 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect entitlement to the Vietnam Service Medal and the Republic Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)).

2.  The applicant states when his 1971 DD Form 214 was corrected the two awards were removed for his separation document.  He states he asked to have some dates corrected on the DD Form 214 but in correcting the date the two decorations were deleted.  He notes he was stationed in Thailand between 1969 and 1970 and was told he was entitled to the two decorations.  He states before his DD Form 214 was corrected the decorations were reflected on the report.

3.  The applicant provides no additional evidence in support of his request.

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.  Records available to the Board indicate the applicant enlisted in the Regular Army on 23 January 1969.  Between July 1969 and June 1970 he was assigned as an automotive repairman with the 57th Maintenance Company in Thailand.

3.  On 12 June 1970 the applicant departed Thailand en route to an assignment in Germany.  He was discharged on 22 October 1970 for the purpose of immediate reenlistment.  His DD Form 214 prepared at the time of his reenlistment reflects entitlement to the Vietnam Service Medal but not the Republic of Vietnam Campaign Medal with Device (1960).

4.  On 22 December 1971 the applicant was discharged under the provisions of Army Regulation 635-212 for unsuitability.  His service was characterized as under honorable conditions and he was issued a general discharge certificate.  The DD Form 214 which was issued at the time of his 1971 discharged contained multiple errors but did indicate the applicant was entitled to both the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

5.  Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) contains hand written entries of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) with a notation the authority for entitlement was based on Army Regulation 672-5-1 (Military Awards) and that he had been issued both decorations.

6.  On 30 November 1972 a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) was issued correcting the applicant’s 1970 DD Form 214 to show entitlement to the Republic of Republic of Vietnam Campaign Medal with Device (1960).

7.  On 18 December 1972 a DD Form 215 was issued correcting the various errors on the applicant’s 1971 DD Form 214 and deleting the entries showing entitlement to the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) form item 24.

8.  References:

   a. 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 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.  

   b. Army Regulation 600-8-22 also states the Republic of Vietnam Campaign Medal with Device (1960) 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.  .

   c. Appendix B (The U.S. Army in Thailand During the Vietnam Conflict) of Vietnam Order of Battle (A Complete Illustrated Reference to U.S. Army Combat and Support Forces in Vietnam 1961-1973) authored by Captain Shelby L. Stanton, notes that the 57th Maintenance Company provided direct support to forces in Vietnam between 1 April 1963 and 20 February 1971.

   d. Army Regulation 635-5 (Separation Documents), in effect at the time, noted that information entered in item 24 (awards) of the DD Form 214 would be extracted from the DA Form 20 for enlisted Soldiers and would reflect “all decorations, service medals, campaign credits, and badges awarded or authorized omitting authorities cited therein.”
   
   e.	Army Regulation 635-5 also stated that once a DD Form 214 has been issued it will not be reissued unless directed by proper appellate authority, Executive Order, or by the Secretary of the Army or when it is determined the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215.

DISCUSSION AND CONCLUSIONS:

1.  Evidence available to the Board confirms the applicant did serve in Thailand.  His DA Form 20, his 1970 DD Form 214, and his original 1971 DD Form 214 all reflected entitlement to the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  It is unclear why those two decorations 


were deleted from his 1971 DD Form 214 when other entries on the form were corrected.  It is possible the preparer of that DD Form 215 presumed the applicant did not meet eligibility requirements for the decorations.

2.  However, information contained in an acceptable historical reference does indicate the applicant’s unit provided direct support to forces in Vietnam and as such there is no reason to doubt the accuracies of the entries on the original documents contained in the applicant’s Official Military Personnel File.  As such, it would be appropriate to restore entitlement to those two decorations.

3.  Because issuing yet another DD Form 215 to reinsert the decorations in item 24 of his 1971 DD Form 214 might only further confuse things, it would be appropriate in this case to completely reissue the applicant’s 1971 DD Form 214 to incorporate the corrections made by the December 1972 DD Form 215 and ensuring that the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) are included in item 24.

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:

	a.  voiding the original December 1971 DD Form 214 and December 1972 DD Form 215 and

	b.  issuing him a new DD Form 214 for the period of service ending on 22 December 1971 which incorporates the corrections made by the December 1972 DD Form 215 and showing in item 24 of the reissued DD Form 214 that he 


is entitled to the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) in addition to his other awards.



      ____________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)                                         AR20100010891





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ABCMR Record of Proceedings (cont)                                         AR20100010891



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