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ARMY | BCMR | CY2002 | 2002078235C070215
Original file (2002078235C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 December 2002
         DOCKET NUMBER: AR2002078235


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Ms. Barbara J. Ellis Member
Mr. William D. Powers Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 17 May 1965 be corrected to show his Vietnam service, to add the "Vietnam Expeditionary Medal" plus the marksmanship qualification badges for the pistol .45 and the M-14 and M-16 rifles, and to show he attended the Radar Control Operator Course completed in 1962 and the Armed Forces Police School completed in 1964.

3. The applicant states that he escorted some forward troops of the 173d Airborne Brigade to Vietnam and also escorted Colonel K___ on an inspection
tour of a Montagnard camp. He provides his DD Form 214 for the period ending 17 May 1965 as supporting evidence.

4. The applicant’s military records show that he had prior service from 2 July 1953 through 2 July 1956 during which time he was awarded the National Defense Service Medal, the United Nations Service Medal, and the Korean Service Medal. He reenlisted on 4 June 1962.

5. The applicant's DA Form 20 (Enlisted Qualification Record), item 29 (Foreign Service), shows he was assigned to Okinawa from 13 February 1964 through 16 May 1965. It also shows he served in Vietnam for 3 months from 29 November 1964 through 21 February 1965.

6. Item 26 (Military Education) of the applicant's DA Form 20 does not show that he completed any courses.

7. Item 28 (Qualification in Arms) of the applicant's DA Form 20 shows that he was awarded the Expert Qualification Badge Rifle M-1 and the Sharpshooter Qualification Badge Carbine. It also shows that he familiarized with the Rifle M-14 but did not complete a qualification course necessary for award of a marksmanship badge. This record does not show that he completed a qualification course with the M-16 Rifle. It shows that he failed to qualify with the .45 caliber pistol.

8. The applicant was honorably discharged on 17 May 1965. His DD Form 214 for this period shows he was awarded the Expert Qualification Badge Rifle M-1 and the Sharpshooter Qualification Badge Carbine; that he completed 1 year, 3 months, and 4 days in the U. S. Army Pacific (USARPAC); and that he completed no schools or courses.

9. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam service.

10. Army Regulation 600-8-22 states that the period 15 March1962 through 7 March 1965 is designated for the Vietnam Advisory Campaign. One bronze service star is authorized for wear on the Vietnam Service Medal for each campaign participation credit.

11. Army Regulation 600-8-22 states that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 24 August 1974, both dates inclusive, between 2 August 1990 and 30 November 1995, both dates inclusive, and between 11 September 2001 to a date to be determined. A bronze service star will be worn to signify receipt of a second or subsequent award.

12. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214 (for is initial period of service).

CONCLUSIONS:

1. The evidence of record shows the applicant served in Vietnam between 29 November 1964 and 21 February 1965. This service is indicated on his DD Form 214 in the inclusive term "USARPAC." This service entitles him to award of the Armed Forces Expeditionary Medal.

2. In view of the applicant's request for award of the "Vietnam Expeditionary Medal," the Board presumes he is exercising his option in accordance with the governing Army regulation for award of the Vietnam Service Medal in place of the Armed Forces Expeditionary Medal. Therefore, the Vietnam Service Medal with one bronze service star should be added to his DD Form 214 for the period ending 17 May 1965.

3. The applicant was awarded the National Defense Service Medal for his earlier service during the Korean War period. He is authorized to wear one bronze service star on the National Defense Service Medal for his service during the Vietnam War period. This award should be added to his DD Form 214 for the period ending 17 May 1965.

4. The evidence of record fails to show the applicant qualified in the Rifle M-14 or Rifle M-16 and it specifically shows he failed to qualify in the Pistol .45.

5. The evidence of record fails to show the applicant attended either the Radar Control Operator Course in 1962 or the Armed Forces Police School in 1964.

6. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1. That the applicant's DD Form 214 for the period ending 17 May 1965 be amended to add the Vietnam Service Medal with one bronze service star and the National Defense Service Medal with one bronze service star.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__LLS__ __BJE___ __WDP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Luther L. Santiful__
                  CHAIRPERSON




INDEX

CASE ID AR2002078235
SUFFIX
RECON
DATE BOARDED 2002/12/12
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL
REVIEW AUTHORITY
ISSUES 1. 110.00
2. 100.00
3.
4.
5.
6.



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