RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 MAY 2005
      DOCKET NUMBER:  AR20040004995


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Diane Armstrong               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his record be corrected to show his
overseas service, especially his service in Vietnam, and award of the Air
Medal and the Vietnam Service Medal.

2.  The applicant states that he went to Vietnam on temporary duty (TDY) on
     8 different occasions, the first time for 45 days after spending 45
days in Thailand.  The next 6 trips were for 90 days each, and the last
trip for 120 days.  In addition to the 23 ½ months he spent in Vietnam, he
spent considerable time in other overseas locations, including Thailand,
Japan, and South Korea.  His records should contain copies of TDY orders.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 September 1967.  The application submitted in this
case is dated 27 July 2004.

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 limitations 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 enlisted in the Army for 3 years on 16 October 1961 and
remained on continuous active duty until 11 September 1967.

4.  The applicant was trained as a photographer at Fort Monmouth, New
Jersey, and Long Island, New York.  In May 1962 he was assigned to the Army
Special Photographic Detachment, Pacific, located at Fort Shafter, Hawaii.


5.  On 19 March 1964 the applicant received a letter of appreciation for
his performance in filming the operations of the Army Broadcasting and
Visual Activity, Pacific at its various locations in Korea, Japan, Taiwan,
and Okinawa,   during the period 25 October 1963 to 16 March 1964.

6.  On 18 June 1965 orders were published by the United States Military
Assistance Command, Vietnam awarding the applicant the Air Medal for
meritorious service from December 1962 to October 1964.  The Air Medal
citation shows that the applicant actively participated in more than 25
aerial missions over hostile territory in support of counterinsurgency
operations.

7.  On 3 December 1964 the applicant received a letter of appreciation for
his efforts in providing pictorial coverage documenting the conflict in
South Vietnam.

8.  On 9 February 1967 the applicant received a letter of appreciation for
his contribution in making an accurate and comprehensive record of the
visit of the President to New Zealand.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
the applicant was awarded the Good Conduct Medal, the Air Medal, and the
Armed Forces Expeditionary Medal.

10.  The applicant returned to the United States and was released from
active duty at Oakland, California on 11 September 1967.  He had over 5
years of overseas service, all which while assigned to the Army Special
Photographic Detachment, Pacific, at Fort Shafter, Hawaii.  That service is
reflected in item 22c (foreign or sea service) on his 1967 separation
document.  Other than as indicated above, his official military personnel
file (OMPF) contains no orders or other documents reflecting his overseas
service.  His DD Form 214 (Report of Transfer or Discharge) shows award of
the National Defense Service Medal, Good Conduct Medal, and the Marksman
Badge with rifle bar.

11.  The Armed Forces Expeditionary Medal is awarded for service after 1
July 1958 for operations of assistance for friendly foreign nations.  It is
awarded to individuals who participated in operations in Vietnam from 1
July 1958 to 3 July 1965.

12.  The Vietnam Service Medal is awarded to all members of the Armed
Forces of the United States serving in Vietnam and contiguous waters or
airspace thereover, after 3 July 1965 through 28 March 1973.  Individuals
qualified for the Armed Forces Expeditionary Medal for reason of service in
Vietnam between      1 July 1958 and 3 July 1964 shall remain qualified for
that medal.  Upon request any such individual may be awarded the Vietnam
Service Medal instead of the Armed Forces Expeditionary medal.  No person
will be entitled to both awards for Vietnam service.

13.  The Republic of Vietnam Campaign Medal is awarded to personnel who
have served outside the geographical limits of the Republic of Vietnam and
contributed direct combat support to the Republic of Vietnam and Armed
Forces for 6 months.  Such individuals must meet the criteria established
for the Armed Forces Expeditionary Medal or the Vietnam Service Medal,
during the period of service required to qualify for the Republic of
Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s overseas service is documented on his DD Form 214;
however, and despite his award of the Air Medal and the Vietnam Service
Medal, his periods of service in Vietnam cannot be substantiated.
Consequently, his request to do so cannot be granted.

2.  The applicant was awarded the Air Medal.  That award should be
reflected in his records.

3.  The applicant’s qualification record shows award of the Armed Forces
Expeditionary Medal.  He meets the criteria for award of the Vietnam
Service Medal and is entitled to that award.  His request for that award
[in lieu of the award of the Armed Forces Expeditionary Medal] should be
granted.

4.  The applicant meets the criteria for award of the Republic of Vietnam
Campaign Medal.  He is entitled to that award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SP __  ___PM __  ___DA __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 by showing award of the
Air Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign
Medal.
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 denial of so much of the application that pertains to
the period of his overseas service in Vietnam.





                            _____Shirley L. Powell_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004995                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20020503                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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