RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  04 March 2008
	DOCKET NUMBER:  AR20070015364 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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 records be corrected to show the award of the Vietnam Service Medal.

2.  The applicant states he would like to have his Vietnam Service Medal added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) because he served in the Republic of Vietnam from June 1964 to June 1965.  He was told that his DD Form 214 does not indicate he was a Vietnam veteran.

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

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel record shows that he enlisted in the Regular Army on 24 January 1964.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 95B (Military Police).

3.  He served a tour in the Republic of Vietnam during the period 18 June 1964 to 5 June 1965.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on  
23 January 1967.  He completed a total of 3 years of active service.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the award of the Vietnam Service Medal.  However, it does show the award of the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.

5.  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.

6.  Army Regulation 635-5 (Personnel Separation), change 11 dated 27 January 1970 to Army Regulation 635-5 dated 23 January 1967, in effect at that time, states that you enter the inclusive dates of service in the Republic of Vietnam during the current period of service in Item 32 (Remarks) section of the DD Form 214.

7.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 26 of his DD Form 214.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Vietnam Service Medal for his service in the Republic of Vietnam.

2.  The evidence shows that the applicant served in the Republic of Vietnam during the period 18 June 1964 to 5 June 1965 and there were no other overseas tours recorded.  It is reasonable to conclude that the applicant was awarded the Armed Forces Expeditionary Medal for that period of service. 

3.  In accordance with regulatory guidance the Vietnam Service Medal may be awarded 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.  The applicant has not requested or consented to the removal of the Armed Forces Expeditionary Medal from his records.

4.  Since the applicant was separated from the military on 23 January  
1967 which is before Army Regulation 635-5 change 11 dated 27 January 1970 took effect, no entry was made in the remarks section of his DD Form 214.  As an exception to policy, it would be appropriate to correct his records to show in Item 32 of his DD Form 214 "Service in the Republic of Vietnam 18 June 1964 to 5 June 1965."

5.  Evidence shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JEA__  __WDP__  __JLP ___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and by adding to Item 32 of his DD Form 214 “Service in the Republic of Vietnam 18 June 1964 to 5 June 1965.”

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 Vietnam Service Medal.  




___James E. Anderholm _
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080304
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT (partial)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.