RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 NOVEMBER 2005
	DOCKET NUMBER:  AR20050001726 


	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. Deborah L. Brantley

Senior Analyst

The following members, a quorum, were present:


Mr. Thomas Howard

Chairperson

Mr. John Infante

Member

Ms. Carmen Duncan

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, in effect, that his separation document be corrected to show his service in Vietnam and any awards and decorations he may be entitled to.

2.  The applicant states his service in Vietnam and the medals or ribbons he was awarded are not recorded on his separation document and it is hindering his ability to secure benefits from the Department of Veterans Affairs.

3.  The applicant provides a copy of his 1965 separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 14 September 1965.  The application submitted in this case is dated 10 January 2005.

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.  Records available to the Board indicate the applicant enlisted and entered active duty on 9 April 1963.  He arrived in Vietnam on 6 September 1963 where he was assigned to the 232nd Signal Company.  He departed Vietnam on 
24 August 1964 and returned to the United States where he was assigned to Fort George G. Meade, Maryland.

4.  The applicant was discharged for the purpose of immediate reenlistment on 19 November 1964.  The separation document issued at the time of his November 1964 discharge does indicate in item 24c (foreign and/or sea service) that he served 11 months and 21 days overseas and that he was awarded the Armed Forces Expeditionary Medal.



5.  Following the applicant's 20 November 1964 reenlistment, he continued to serve on active duty until 14 September 1965 when he was released from active duty, at his request, because of hardship.  His 11 months and 21 days of service in Vietnam is also recorded on his 14 September 1965 separation document, as is his Armed Forces Expeditionary Medal.

6.  Army Regulation 635-5, which establishes the policies and provisions for the preparation of separation document did not provide for an entry specifying the location of a Soldier's overseas service at the time the applicant was discharged for the purpose of immediate reenlistment in 1964 nor at the time of his release from active duty in 1965.  The provision for identifying a Soldier's tour of duty in Vietnam/Indochina and/or Korea did not commence until the later part of 1971 when a message directing such entries would be included on an individual's separation document was issued followed by a published change to the basic regulation.  

7.  Army Regulation 600-8-22 (Awards and Decorations) notes that the Armed Forces Expeditionary Medal was awarded for service in Vietnam between 1 July 1958 and 3 July 1965.  On 8 July 1965 the Vietnam Service Medal was established and awarded for service in Vietnam after 3 July 1965 through 
28 March 1973.  Individuals who qualified for the Armed Forces Expeditionary Medal by reason of service in Vietnam prior to 3 July 1965 remained qualified for that medal.  However, upon request they could ask that the Vietnam Service Medal be awarded in lieu of the Armed Forces Expeditionary Medal.  In such instance, the Armed Forces Expeditionary Medal would be deleted from the list of authorized medals in the individual's records.  No person was entitled to both awards for service in Vietnam.

8.  Army Regulation 600-8-22 states that individuals with honorable active service between 1 January 1961 and 14 August 1974 were entitled to the National Defense Service Medal.

9.  The Republic of Vietnam Campaign Medal was awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who served for 6 or more months in Vietnam during the period 1 March 1961 and
28 March 1973.

10.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit in Vietnam was awarded the Meritorious Unit Commendation during his tenure with the organization.  The unit award was also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board confirms that the applicant did serve in Vietnam.  However, such service was not recorded on separation documents at the time he was discharged for immediate reenlistment in 1964 or released from active duty in 1965.  His overseas service is appropriately reflected in item 24c (foreign and/or sea service) on his separation document and his award of the various decorations associated with service in Vietnam, including the Armed Forces Expeditionary Medal is evidence that his overseas service took place in Vietnam.  

2.  The applicant's separation documents were prepared appropriately at the time and the absence of information which might have been included as a result of subsequent regulatory changes is not evidence of an error or injustice on the applicant's separation documents, nor does it warrant the relief requested.

3.  However, the evidence does show that the applicant was also entitled to the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and a Meritorious Unit Commendation, all of which were omitted from his separation document.  His records should be corrected to reflect those decorations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TH ___  __JI ____  ___CD __  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 he is entitled to the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Meritorious Unit Commendation.


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 an entry on his separation document specifically showing his period of service in Vietnam.




_____Thomas Howard________
          CHAIRPERSON




INDEX

CASE ID
AR20050001726
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051103
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.