RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 November 2003
         DOCKET NUMBER: AR2003087515


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Mark D. Manning		Member
Ms. Barbara J. Ellis		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests award of the Vietnam Service Medal.

2. The applicant states that he did not receive his Vietnam Service Medal. He states that he was drafted into the U.S. Army in 1963 and served in the Vietnam War. He also states that he served his 12-month tour with honors and deserves his Vietnam Service Medal added to his DD Form 214.

3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his DA Form 24 (Service Record), orders awarding him the Air Medal with "V" Device and the basic Air Medal, a citation for award of the Air Medal (Eighth Oak Leaf Cluster), and a supplemental letter.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 2 August 1965. The application submitted in this case is dated 30 January 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant was inducted into the Army on 14 August 1963. He successfully completed advanced individual training and was awarded military occupational specialty (MOS) 67N (Single Rotor Helicopter Mechanic). He was promoted to specialist four (SP4) on 17 November 1964 and served in Vietnam from 12 September 1964 through 1 August 1965. He has no record of any disciplinary actions. His DA Form 24 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

4. The applicant was honorably released from active duty on 2 August 1965 after completion of 1 year, 11 months, and 19 days of active military service with no days of lost time.

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5. The applicant's DD Form 214 shows the Armed Forces Expeditionary Medal, the Air Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. Orders in the applicant's personnel records show he was awarded the basic Air Medal, the Air Medal with "V" Device, and the Air Medal with (Eighth Oak Leaf Cluster).

7. 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.

8. In a 29 September 2003 letter, the applicant was advised to submit a written request to the ABCMR to indicate whether he would prefer to keep the Armed Forces Expeditionary Medal or to request the Vietnam Service Medal. However, he did not respond.

9. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

10. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal 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.

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11. Paragraph 6-4 of Army Regulation states, in pertinent part, that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.

12. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 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. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67 MOS’s.

14. Department of the Army General Number Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1. The applicant's DD Form 214 shows entitlement to the Armed Forces Expeditionary Medal for service in Vietnam. In accordance with the Military Awards regulation, a soldier is not entitled to both the Armed Forces Expeditionary Medal and the Vietnam Service Medal for service in Vietnam. The applicant failed to indicate his preference.

2. The applicant has met the regulatory requirements for award of the Army Good Conduct Medal for the period 14 August 1963 through 2 August 1965.

3. The applicant was authorized award of the Air Medal with Numeral "10" and with "V" Device, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal. However, these awards are not shown on his DD Form 214. It would appropriate to amend his records to show these awards.

4. The evidence of record shows the applicant completed training in MOS 67N and served in Vietnam as a helicopter mechanic. Therefore, he has met the regulatory requirements for award of the Aircraft Crew Member Badge.

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5. All units assigned to Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

JNS_____ MDM_____ BJE_____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by awarding him the Army Good Conduct Medal for the period 14 August 1963 through 2 August 1965; and

b. by showing he was awarded the Army Good Conduct Medal, the Air Medal with Numeral "10" and with "V" Device, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 that so much of the application that pertains to the Vietnam Service Medal be denied.





                  John N. Slone________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087515
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031118
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0073
2.
3.
4.
5.
6.