BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012491 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ ___x_____ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012491 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. adding to item 24 of his DD Form 214 the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and b. adding to item 30 of his DD Form 214 the entry "Service in Indochina (Thailand) from 28 July 1966 to 8 January 1968." 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 foreign service in Vietnam, the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Combat Infantryman Badge. ___________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. BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012491 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 he served in the Republic of Vietnam (RVN) and that he was awarded the Vietnam Service Medal and RVN Campaign Medal with Device (1960). 2. The applicant states that in mid-June 1966 he was assigned to the Central Intelligence Agency (CIA), Washington, DC. On 18 July 1966, he reported to the U.S. Army Element, Joint Support Group (7709-OR), and worked in Thailand and Vietnam on Military Assistance Command, Studies and Observations Group/CIA operations. His military personnel records show he served in combat in the RVN for 18 months and that he was awarded the Combat Infantryman Badge. 3. The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), DA Form 2-1 (Personnel Qualification Record), and 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's military service records for the period of service under review are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, along with those provided by the applicant, for the Board to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 1 February 1965 for a period of 3 years. He was awarded military occupational specialty (MOS) 96B (Intelligence Analyst). 4. Upon his honorable release from active duty (REFRAD), he was transferred to the U.S. Army Reserve (USAR). Through a series of reenlistments he continued to serve in the USAR and in the Army National Guard. He attained the rank of sergeant major and was placed on the retired list effective 15 July 2003. 5. In support of his request the applicant provides the following documents. a. His DA Form 20 that shows, in pertinent part, in: * item 29 (Qualification in Arms): Rifle (M-16), Expert, 24 October 1966 * item 31 (Foreign Service): U.S. Army Pacific (USARPAC), Thailand (T), from 28 July 1966 through 8 January 1968 * item 38 (Record of Assignments), he served in Duty MOS 96B2O as an Intelligence Analyst with – * U.S. Army Element, Joint Support Group (SD-7709-OR), Washington, DC, from 18 July 1966 through 27 July 1966 * U.S. Army Element, Joint Support Group (SD-7709-OR), Washington, DC, with duty station Udorn, Thailand, from 28 July 1966 through 31 March 1967 * U.S. Army Element Administrative and Support Activity, Washington, DC, with duty station Udorn, Thailand, from 1 April 1967 through 7 January 1968 * item 39 (Campaigns), is blank (no entries) * item 41 (Awards and Decorations) – * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * National Defense Service Medal * Army Good Conduct Medal b. His DD Form 214 that shows he entered active duty this period on 1 February 1965, was honorably REFRAD on 12 January 1968, and transferred to the USAR Control Group (Reinforcement). He had completed 2 years, 11 months, and 12 days of total active duty service this period. It also shows in: * item 22 (Statement of Service), block c (Foreign and/or Sea Service): "USARPAC (T): 1 year, 5 months, 11 days" * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * National Defense Service Medal * item 30 (Remarks), no entry pertaining to service in Vietnam/Thailand c. His DA Form 2-1 that shows, in pertinent part, in: * item 6 (MOS): Additional MOS 11B5M, Infantry, 14 December 1977 * item 9 (Awards, Decorations and Campaigns): * National Defense Service Medal * Army Good Conduct Medal * Combat Infantryman Badge * Air Assault Badge * Army Achievement Medal * Army Reserve Components Achievement Medal (2nd Award) * Army Commendation Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 4 * Army Reserve Components Overseas Ribbon 6. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any award orders pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. 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 to participating forces in the area of eligibility and includes: * units, ships, and aircraft providing it involves actually entering the designated area * ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility b. The RVN 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 RVN required the individual to provide direct combat support to the RVN and Armed Forces. 2. U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations) prescribed policies governing the award of military decorations to members of the U.S. Forces and other Free World Forces serving in the RVN. It provided for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this directive listed advisor positions in MACV which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized. Among these positions, "Intelligence Advisor" was listed. It did not list the position of "Intelligence Analyst." 3. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. a. The instructions show for item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized. b. 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 Service: 29 May 1970 through 28 May 1971, Indochina – yes, Korea – no." DISCUSSION: 1. The applicant contends, in effect, his DD Form 214 should be corrected to show his service in Vietnam and Thailand and all of his authorized awards. 2. The evidence of record shows the applicant served in Thailand (from 28 July 1966 through 8 January 1968) and he was credited with 1 year, 5 months, and 11 days of foreign service. a. Item 22, block c of his DD Form 214 shows his foreign service in Thailand. b. The evidence fails to show he served in Vietnam or that he was awarded the Combat Infantryman Badge during the period of service under review. c. Effective 15 March 1972, Army regulatory guidance authorized an entry on the DD Form 214 to indicate Indochina (including Thailand) service in the designated overseas area that occurred on or after 5 August 1964. 3. The evidence of record fails to show the applicant served in direct support of operations (i.e., supplied services to participating forces) in Vietnam to qualify for award of the Vietnam Service Medal or that he provided direct combat support to the RVN and Armed Forces to qualify for award of the RVN Campaign Medal with Device (1960). 4. During the period of service under review the applicant qualified for award of the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012491 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012491 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2