IN THE CASE OF:	  

		BOARD DATE:	       9 December 2008

		DOCKET NUMBER:  AR20080013577 


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 correction of his records to show all awards and decorations he earned as a result of his service in the Republic of Vietnam and a bronze service star to be affixed to his already-awarded Armed Forces Expeditionary Medal for serving in the Dominican Republic.

2.  The applicant states that he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam, but did not receive other decorations and medals that other service members received for their service.  He adds that he also served in the Dominican Republic in 1965 and that all Soldiers in his unit were awarded the Armed Forces Expeditionary Medal except him.  He also adds that he was told by his commander that since he was already awarded the Armed Forces Expeditionary Medal, he would not be entitled to a second award.  However, he learned in 2007 that he is authorized a Bronze Star [sic] (bronze service star) because he served in two wars.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 17 September 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 52B (Power Plant Operator/Mechanic).  

3.  The applicant's records show that he served in the Republic of Vietnam from 23 July 1963 to 12 July 1964.  He was assigned to Headquarters, 39th Signal Battalion.

4.  Upon his return from the Republic of Vietnam, the applicant was initially assigned to the U.S. Army Engineer School, Fort Belvoir, Virginia, for temporary duty, and was subsequently assigned to the 589th Signal Company, Fort Bragg, North Carolina, where he remained until he was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 16 September 1965.  The highest rank he attained during his military service was specialist four.

5.  There is no indication in the applicant's records that he served in the Dominican Republic. 

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Good Conduct Medal and the Armed Forces Expeditionary Medal.

7.  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.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  One bronze service star is work to denote subsequent award of the Armed Forces Expeditionary Medal.  To be eligible for additional awards, service must be rendered in more than one of the designated areas and dates.  No two awards will be made for service in the same designated area.

	a.  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.

	b.  Paragraph 2-12c(7) provides for the Armed Forces Expeditionary Medal is authorized for U.S. military operations in the Dominican Republic, from 28 April 1965 to 21 September 1966.  

8.  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.

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.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant completed a period of honorable active service from 17 September 1962 through 16 September 1965; therefore, he served a qualifying period for award of the National Defense Service Medal and correction of his DD Form 214 to show this award.

2.  The evidence of record shows that the applicant served in the Republic of Vietnam from 23 July 1963 to 12 July 1964; therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal and correction of his DD Form 214 to show this award.

3.  With respect to a bronze service star to be affixed to his already-awarded Armed Forces Expeditionary Medal for serving in the Dominican Republic, there is no evidence in the applicant's records and the applicant did not provide any evidence that shows he served as a participant in military operations within the geographical area of the Dominican Republic during the period from 28 April 1965 to 21 September 1966 or that he was a been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Therefore, there is insufficient evidence to award the applicant the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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 adding the National Defense Service Medal and the Republic of Vietnam Campaign Medal to the applicant's DD Form 214.


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 award of a bronze service star to the applicant's already-awarded Armed Forces Expeditionary Medal.  



															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)                                         AR20080013577



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013577



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1