RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060002610


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
the Vietnam Service Medal plus any other Vietnam medals.

2. The applicant states, in effect, that his Vietnam medals were not added
to his DD Form 214 at the time of his discharge.  He stated that he did not
need to show his Vietnam service until he needed Federal Veteran
Administration (VA) health care.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 May 1967.  The application submitted in this case is
dated  
6 February 2006; however, it was received on 17 February 2006.

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's records show that he entered active duty on 24 June
1963.  His record shows that he was assigned to the 9th United States Army
Security Agency Field Station (USASAFS) in the Republic of Vietnam, during
the period  
23 December 1964 to 30 January 1965.

4.  He served with the 8th Radio Research Unit (RRU) as a Voice Interceptor
in the Republic of Vietnam, during the period 31 January 1965 to 25 June
1965.  The applicant was honorably released from active duty on 31 May 1967
after serving 3 years, 11 months, and 7 days of active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaigns Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the applicant was awarded the Armed Forces Expeditionary Medal,

National Defense Service Medal, and Army Good Conduct Medal (first award).
However, it does not show he was awarded the Vietnam Service Medal.

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.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

8.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

9.  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.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.


11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the Vietnam Advisory Campaign (15 march 1962 – 7 march
1965) and the Vietnam Defense Campaign (8 March 1965 – 24 December 1965).
This same regulation states that a bronze service star will be awarded for
wear on the Vietnam Service Medal for participation in each campaign.

12.  In a telephone conversation on 7 September 2006 with the staff of the
Board, the applicant elected to receive the Vietnam Service Medal in lieu
of the Armed Forces Expeditionary Medal.  He stated that if the Vietnam
Service Medal was recorded on his DD Form 214, it would show to the VA that
he served in the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show the
award of the Vietnam Service Medal.

2. The evidence shows the applicant is entitled to award of the Vietnam
Service Medal.  In view of his election to be awarded the Vietnam Service
Medal in lieu of the Armed Forces Expeditionary Medal, it would be
appropriate to remove the Armed Forces Expeditionary Medal from his DD Form
214 and add award of the Vietnam Service Medal.

3.  Orders show that the applicant is authorized the award of the Republic
Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam
Campaign Medal with Device (1960).  Therefore, he is entitled to correction
of his records to show these foreign unit awards.

4.  Records show that the applicant participated in two campaigns during
his service in the Republic of Vietnam.  Therefore, he is eligible for
award of two bronze service stars to be affixed to his Vietnam Service
Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 May 1970.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.




BOARD VOTE:

___mjnt__  ___eem_  ____cad_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 the award Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign
Medal with Device (1960), and by:

      a.  deleting the entry, "Armed Forces Expeditionary Medal" in item 24
on his DD Form 214; and

      b.  showing award of the Vietnam Service Medal with two bronze
service stars in item 24 on his DD Form 214.




                            _________Marla J. N. Troup_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002610                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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