IN THE CASE OF:	  

		BOARD DATE:	    19 July 2011

		DOCKET NUMBER:  AR20110000675 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* A silver and a bronze service star to be affixed to his already-awarded Vietnam Service Medal
* The Meritorious Unit Commendation instead of the Meritorious Unit Citation
* His home of record (HOR) as "305 C----h Street" instead of "309 C----h Street"

2.  The applicant states he served with the 7th Radio Research Field Station (RRFS) from 30 December 1969 to 30 December 1970 and from 26 May 1971 to 30 March 1972.  His DD Form 214 contains clerical errors.

3.  The applicant provides:

* His DD Form 214
* Special Orders Number 194 (attachment orders)
* Two DD Forms 1351-2 (Travel Voucher or Sub-voucher)
* A listing of Vietnam campaigns
* A unit award certificate for the Meritorious Unit Commendation
* His Standard Form (SF) 88 (Report of Medical Examination) 

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 30 December 1968 for a period of 4 years.  Item 41 (HOR) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his HOR as "309 C----h Street."  He authenticated this form by placing his signature in the appropriate block.

3.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 98G (Voice Interceptor).  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 31 (Foreign Service) he served in Thailand on two separate occasions from 30 December 1969 through 28 December 1970 and from 22 May 1971 through 25 March 1972
* item 38 (Record of Assignments) he was assigned to Headquarters,
7th RRFS during both of his foreign service tours

4.  Special Orders Number 69, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 10 March 1969, awarded the applicant the:

* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar

5.  He was honorably released from active duty on 30 March 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 contained in his official military personnel file (OMPF) shows in:

	a.  item 21 (Home of Record at Time of Entry into Active Service) the entry "305 C----h Street";

	b.  item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal

6.  He submitted a copy of his DD Form 214.  This form lists the Meritorious Unit Citation in addition to the medals listed on his record DD Form 214.  It is unclear why he was issued two different DD Forms 214. 

7.  General Orders Number 8, issued by Headquarters, U.S. Army Pacific, dated 6 January 1972, awarded the 7th RRFS the Meritorious Unit Commendation for meritorious service from 1 July 1970 to 30 September 1972.

8.  He submitted:

	a.  Special Orders Number 194, issued by Headquarters, 7th RRFS, dated 26 August 1970, that show he was attached to Company A of this unit.

	b.  A DD Form 1351-2, dated 19 January 1971, that shows he departed Bangkok (Thailand) on 30 December 1970 en route to Bound Brook, NJ on leave and subsequently arrived at Fort Hood, TX on 17 January 1971.

	c.  A DA Form 1351-2, dated 2 June 1971, that shows he departed Fort Hood on 29 March 1971 en route to Thailand, arriving at his final destination on 26 May 1971.

	d.  A unit citation for the Meritorious Unit Commendation to the 7th RRFS.

	e.  An SF 88, dated 7 March 1972, that shows his home address as
"305 C----h Street."

9.  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.  Silver or bronze service stars are not authorized on the Vietnam Service Medal when awarded for service in Thailand, Laos, or Cambodia.

10.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit in Thailand the Meritorious Unit Commendation which is not shown on his record DD Form 214.  Therefore, he is entitled to correction of his record DD Form 214 to show this unit award.

2.  The applicant completed two periods of foreign service in Thailand, not in Vietnam.  Although he was awarded the Vietnam Service Medal and the Vietnam Campaign Medal, there is no evidence he was assigned or attached to and present for duty with a unit during the period in which it participated in combat or he was under orders in the combat zone and met any of the stipulated requirements.  The awards regulation also states that silver or bronze service stars are not authorized on the Vietnam Service Medal when awarded for service in Thailand.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

3.  The applicant's OMPF contains a DD Form 214 for the same period of service that differs from the DD Form 214 submitted by the applicant.  The HOR on the DD Form 214 contained in his OMPF shows the entry "305 C----h Street" which he claims is the correct address.  Therefore, a copy of the DD Form 214 contained in his OMPF will be provided with these Proceedings.

4.  Special orders show the applicant qualified as an expert with the M-16 rifle, sharpshooter with the M-14 rifle, and expert with the hand grenade.  Therefore, his DD Form 214 should be corrected to show the appropriate weapons qualification badges.

5.  The applicant's DD Form 214 contained in his OMPF shows he was awarded the Vietnam Campaign Medal; however, this award is correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his
DD Form 214 should be corrected accordingly.

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 DD Form 214 contained in his OMPF the Vietnam Campaign Medal, and

	b.  adding to item 24 of his DD Form 214 contained in his OMPF the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar

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 adding any service stars to his already-awarded 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)                                         AR20110000675



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ABCMR Record of Proceedings (cont)                                         AR20110000675



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