IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080007440 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Vietnam Service Medal in exchange for the Armed Forces Expeditionary Medal and award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that he wants his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect accurate information.

3.  The applicant provided a copy of his DD Form 214, dated 21 September 2005, and a copy of an undated correspondence regarding shipment of medals, in support of his application. 

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 records show he enlisted in the Regular Army for a period of 3 years on 2 October 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 62E (Construction Machine Operator).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 21 September 1965.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  The applicant’s records show he served in the Republic of Vietnam from 11 June 1965 to 19 September 1965.  He was assigned to Company B, 84th Engineer Battalion (Combat).  

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214 dated 21 September 1965, shows he was awarded the Armed Forces Expeditionary Medal (Vietnam), the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Vietnam Service Medal and/or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Army Regulation 600-8-22 (Military Awards) 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.

6.  Army Regulation 600-8-22 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 84th Engineer Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974, and the Meritorious Unit Commendation, from June 1965 to May 1966, based on Department of the Army General Orders 5, dated 1969.

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

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign, from 8 March 1965 to 24 December 1965, during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam, from 11 June 1965 to 19 September 1965.  This period of service is also a qualifying period for award of the Vietnam Service Medal; however, the applicant may not have both.  He now chooses the Vietnam Service Medal in exchange for his already-awarded Armed Forces Expeditionary Medal; therefore he is entitled to correction of his records to show he elected the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  

2.  The evidence of record also shows that the applicant participated in one campaign during his service in the Republic of Vietnam; therefore, he is entitled to correction of his records to show one bronze service star affixed to the Vietnam Service Medal.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.  

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  deleting award of the Armed Forces Expeditionary Medal (Vietnam) from Item 26 of the applicant’s DD Form 214, dated 21 September 1965; and 

	b.  showing award of the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.  



							XXX
       _    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080007440





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ABCMR Record of Proceedings (cont)                                         AR20080007440



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