ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20170014640 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the Special Forces (SF) Tab, Combat Infantryman Badge (CIB), Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM), Army Service Ribbon (ASR), Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Overseas Service Ribbon (OSR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement, dated 5 June 2017 * Department of the Army, The Adjutant General, Washington, DC – Unclassified Message, Date and Time Group (DTG) 220129Z Sep 61, Temporary Duty to Thailand and Laos * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Article – Definition of Terms, Vietnam Era * Online Article – Special Forces (SF) History, Operation White Star * Self-Authored Letter to Department of Veterans Affairs (VA), dated 18 June 2010 * Wikipedia Article – Project Hotfoot (Laos) * Applicant’s Response to VA’s Rebuttal to Notice of Disagreement, dated 12 January 2014 * Applicant’s SF Team’s Activities, Mission Area, and Photographs * Vietnam Service Medal Description and Qualifying Campaigns * Vietnam Campaign Medal Description and Criteria * Applicant’s Application for Appointment to Second Lieutenant FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was a SF Operative assigned to the 7th SF Group (SFG) (Airborne)(ABN), Fort Bragg, NC with classified TDY orders to Bangkok, Thailand onward to Vientiane, Laos. His special training covert mission was to assist the Central Intelligence Agency (CIA) Operatives as a member of the White Star Mobile Training Team serving as advisors to the Laos SF in support of the Vietnam Conflict. The mission was not declassified until 2012. His DD Form 214 should reflect the SF Tab, CIB, VSM, VCM, ASR, AGCM, NDSM, and the OSR. He quotes the prerequisites of Army Regulation (AR) 600-8-22, primarily the Combat Infantryman Badge and professes he meets or exceeds all of the listed qualifications. b. He further states his top secret military orders, military academies and personnel records validates that he is qualified to receive the CIB and have it annotated on his DD Form 214. He recently had a Video Board of Veterans Appeals Hearing with a law judge from Washington, DC at the VA Regional Office in Winston Salem, NC regarding his wartime service. Mr. X__ of the NC Division of Veteran Affairs serves as his Veteran advocate and representative. He is 80 plus years old. He is requesting the ARBA expedite his case based on his age and the priority of his status. It gives him great pleasure to know that his DD Form 214 will be finally corrected. Thank you very much. 3. The applicant provides: a. A self-authored statement that highlights the same points stated above in paragraph 2. b. The unclassified message directing their temporary duty of approximately 180 days to Bangkok, Thailand and onward to Vientiane, Laos in support of the CIA’s Operatives. c. An internet article (Special Forces History – Operation White Star) that provides an overview of what the mission of the SF Soldiers entailed. d. Background history of Operation Hotfoot, the intent of the project, and how the SF Soldiers achieved their desired result. e. A detailed self-oration of his SF team members from their formulation, to deployment, to mission accomplishment. f. A copy of his application for appointment to second lieutenant 4. The applicant’s service records shows: a. He was inducted into the Army of the United States on 9 October 1958. b. On 7 March 1959, he completed basic and advanced individual training at Fort Benning, GA. He was awarded military occupational specialty (MOS) 11B (Infantryman). c. He completed Officer Candidate School on 20 October 1959 with a follow-on assignment to the 1st Psychological Warfare Battalion, Fort Bragg, NC. d. Item 28 (Service Schools or College Training Courses and/or Post Graduate Courses Successfully Completed) of his DD Form 214 shows he completed the Psychological Warfare Officer Course in 1959 and the SF Officer Course in 1961. e. He served 6 months of temporary duty in Thailand and Laos as a member of the CIA’s White Star Mobile Training Team from 26 September 1961 to 27 March 1962. f. Human Resources Command, Awards and Decorations Branch Memorandum, dated 22 September 2017 verified the applicant’s entitlement to the following awards and decorations: * National Defense Service Medal * Armed Forces Expeditionary Medal * Combat Infantryman Badge (Permanent Order 263-001, dated 20 September 2017) * Expert Infantryman Badge * Marksman Badge with Carbine Bar * Special Forces Tab (Permanent Order 263-002), dated 20 September 2017) g. DD Form 215 (Correction to Report of Separation), dated 26 September 2017, amends his DD Form 214 to reflect his entitlement to the awards and decorations listed above. 5. By regulation (AR 600-8-22): a. The Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. He does not meet the criteria: * he only completed 11 months and 28 days of active service * he had no records of court-martial conviction * he did receive excellent conduct and efficiency ratings throughout his military service b. The Armed Forces Expeditionary Medal is awarded for service in Vietnam between 1 July 1958 and 3 July 1965. Soldiers may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no member may be issued both medals for service in Vietnam. The applicant here received the Armed Forces Expeditionary Medal. c. 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. d. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. e. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. His DD Form 214 for the period ending 31 October 1962 shows 6 months and 2 days of foreign service; however, the document does not confirm the location. He provided orders showing the location was Laos. The Board agreed to award the Vietnam Campaign Medal. The applicant was an enlisted service member for less than one year before becoming a commissioned officer. Regulatory guidance shows the AGCM may be awarded to enlisted members who serve at least one year; therefore, he is not eligible for the AGCM. His record shows he received the AFEM for his foreign service. Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam. He did not specifically request to replace the AFEM with the VSM. The ASR and the OSR were not approved awards during the period in which he served, and they are not retroactive. Finally, his other requested relief was already provided on a DD Form 215. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 adding the Vietnam Campaign Medal (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214. 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 awarding and adding additional awards and decorations. X CHAIRPERSON Signed by: 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized awards and decorations not annotated on his DD Form 214. As a result, correct his DD Form 214 by * adding Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. 3. Army Regulation 600-8-22 (Military Awards) states: a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c. 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. Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam. d. 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. e. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. f. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. //NOTHING FOLLOWS//