BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130019301 


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 reconsideration of correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

	a.  his service in Vietnam and Korea; and

	b.  award of the Vietnam Service Medal.

2.  The applicant states:

* his Congressman helped him obtain additional documents from his medical records which show he served more than 5 months in Vietnam
* he obtained notarized eyewitness statements from former fellow unit members who confirm his service in Vietnam and Korea
* he performed the bulk of his service work in Vietnam and Korea
* his DD Form 214 is in error because it does not reflect his temporary duty assignments in Vietnam and Korea (as well as Cambodia, Thailand, Burma, and Laos)
* he was on secret assignments as a cameraman and still photographer documenting enemy, allied, and U.S. activities in Southwest Asia
* they were under orders to destroy all records of their project activities at the end of each project and were led to believe that formal records of their activities would be kept by the military
* these records were kept during their service and were destroyed sometime after 1974
* his family has a proud history of military service in times of war
* he was captured by the Viet Cong while on a secret mission but he managed to get out of the situation on his own
* he needs this information corrected so he can receive medical treatment for Agent Orange exposure   

3.  The applicant provides:

* International Certificates of Vaccination
* two eyewitness statements from fellow Soldiers
* DD Form 214 
* numerous documents from his military medical record
* numerous documents from his Department of Veterans Affairs (VA) medical and education records

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120006910 on 6 November 2012.

2.  The applicant provides new evidence in the form of military medical documents and notarized eyewitness statements that were not previously considered by the ABCMR and therefore warrant reconsideration of his previous request.

3.  The applicant enlisted in the Regular Army on 30 April 1970.  He completed his training and was awarded military occupational specialty 84C (motion picture photographer).  On 28 April 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  

4.  His DA Form 20 (Enlisted Qualification Record) is not available.

5.  His DD Form 214 shows:

* the National Defense Service Medal, Sharpshooter Marksmanship Qualification Bade with Rifle (M-16) Bar, and Expert Marksmanship Qualification Badge with Grenade Bar as authorized awards
* he served in the U.S. Army Pacific (USARPAC) 2 years, 3 months, and 
24 days
* in item 30 (Remarks) the entries:  "RVN:  NA" [indicating no service in the Republic of Vietnam] and "INDOCHINA:  NO  KOREA:  NO" 

6.  The available records show he was assigned to U.S. Army Special Photographic Detachment-Pacific and served in Hawaii during his assignment in USARPAC.

7.  There is no evidence in the available records which shows he was stationed in Vietnam or Korea.

8.  The applicant provides:

	a.  eight documents extracted from his military medical record which show he was treated at the 218th Medical Dispensary, American Post Office (APO) 96243 (Saigon, Vietnam) from 17 through 21 August 1971.

	b.  his International Certificates of Vaccination which show he was vaccinated at the Immunization Clinic at the 18th Medical Dispensary, APO 96243 on 
6 October 1971.

	c.  a notarized eyewitness statement, dated 2 July 2013, from his commander (a former captain) at the time in question who attests:

* the applicant served in Vietnam as a motion picture photographer with the Army Special Photographic Office (DASPO) Detachment during the summer of 1971
* he arrived in Saigon sometime during the month of April 1971 and departed during the month of October 1971 for assignments in Japan and Korea
* the applicant shot photographic projects for the DASP in and around Saigon, Cameron (i.e., Cam Ranh) Bay, and in Long Bin (i.e., Binh) during his temporary tour of duty

	d.  He provided a notarized eyewitness statement, dated 2 August 2013, from a fellow Soldier at the time in question who attests:

* he was assigned to the DASPO Detachment in Hawaii in April 1971
* in August 1971 he was sent to join a DASPO team already in Vietnam and 
the applicant was there
* while in Vietnam he and the applicant worked many jobs together
* in October 1971 he and the applicant were sent to Korea
* temporary duty orders are not reflected on the DD Form 214 
  and apparently are not maintained at all by the Army
* he was granted service connection for nephropathy and diabetes
  associated with herbicide (Agent Orange) exposure
* he thinks the applicant needs to be evaluated for Agent Orange exposure

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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that the Consolidation I campaign took place from 1 July to 30 November 1971.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time,  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established the policies and procedures for completion and distribution of the DD Form 214.

	a.  There was no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

	b.  It stated for item 24c, enter the total period of active duty served outside of the continental limits of the U.S. for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC (U.S. Army Pacific)) in which the service was performed.

	c.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates 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.  For example, to show service in Vietnam only, enter "Vietnam -- 6 Apr 70 through 28 May 71, Indochina - yes, Korea - no."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 is in error because it does not reflect his temporary duty assignments in Vietnam and Korea.  However, there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command.  Additionally, his record is void of any documentary evidence showing he served in Korea.

2.  The medical documentation provided by the applicant indicates that he was in Vietnam from at least 17 August through 6 October 1971, a period of 51 days.  This information is further corroborated by two notarized eyewitness statements.
The governing regulation states qualifying service for award of the Vietnam Service Medal included temporary duty for either 30 consecutive days or 60 nonconsecutive days unless the Soldier was in combat operations.

3.  Although there is no way to determine the specific time period that the applicant served in Vietnam, it does appear that he was there more than 30 consecutive days in a temporary duty status and participated in one campaign.  Therefore, there is sufficient evidence on which to base award the Vietnam Service Medal with one bronze service star at this time. 

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 partial amendment of the ABCMR's decision in Docket Number AR20120006910, dated 6 November 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 in the following manner:

	a.  adding the Vietnam Service Medal with one bronze service star to item 24; and

	b.  deleting the entry "RVN:  NA" from item 30 and replacing it with "RVN:  YES, 27 August through 6 October 1971."

2.  The Board further determined 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 correcting his DD Form 214 to show that he served in Korea.



      _______ _   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)                                         AR20130019301





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ABCMR Record of Proceedings (cont)                                         AR20130019301



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