RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050016357


      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             |
|     |Mrs. Phyllis M. Perkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 award of the Army Commendation Medal with "V"
Device, the Bronze Star Medal, the Armed Forces Expeditionary Medal, and
correction of his service dates on his DD Form 214.

2.  The applicant states, in effect, that his unit should have received the
Armed Forces Expeditionary Medal.

3.  The applicant provides a copy of a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with a separation date of 15
July 1968, and a copy of page 4 of the DA Form 20 (Enlisted Qualification
Record) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 July 1968, the date of his discharge from active duty.  The
application submitted in this case is dated 3 November 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.  The applicant requests award of the Army Commendation Medal with "V"
Device, the Bronze Star Medal, and correction of his service dates on his
DD Form 214.  Records show that these corrections have already been
accomplished and a DD Form 215 (Correction to DD 214), dated 12 April 1977,
has been issued.  The applicant has been provided a copy of the DD Form 215
under separate correspondence.  Therefore, these requests will not be
discussed further in these proceedings.

4.  The applicant’s service personnel records show he enlisted in the
Regular Army on 25 May 1960 and served until 1 August 1962.  Records show
that he immediately reenlisted in the Army on 2 August 1962 for a period of
6 years.
During this period of service, the applicant served in military
occupational
specialty 64C40 (Truck Master).  He was discharged on 15 July 1968.  The
highest rank he attained while serving on active duty was Staff
Sergeant/pay grade E-6.

5.  Item 24 (Decorations Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as
corrected by DD Form 215, shows the applicant was awarded the following
awards:

      a.  the Bronze Star Medal;

      b.  the Good Conduct Medal with "Bronze" Clasp and with "2" Loops;

      c.  the National Defense Service Medal;

      d.  the Army Commendation Medal with “V” Device;

      e.  the Marksman Marksmanship Qualification Badge with Carbine Bar;

      f.  the Republic of Vietnam Campaign Medal with "1960" Device; and

      g.  the Vietnam Service Medal with 2 bronze service stars.

6.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Armed Forces
Expeditionary Medal.   Evidence of records show that the applicant was
awarded the Vietnam Service Medal.  Although the applicant meets the basic
criteria for award of the Armed Forces Expeditionary Medal, he is
ineligible for this award based on the fact that he was awarded the Vietnam
Service Medal and pertinent
regulation states that no person is entitled to award of both the Vietnam
Service Medal and the Armed Forces Expeditionary Medal.  Therefore, there
is no basis to grant award of the Armed
Forces Expeditionary Medal to the applicant in this case.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 July 1971.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_CVM___   __YM__  _KAN____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                     __Kathleen A. Newman___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016357                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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