IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080014981
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.
2. The applicant states that he was given the Armed Forces Expeditionary Medal before leaving the Republic of Vietnam but it was not entered on his DD Form 214.
3. The applicant provides no supporting documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 2 May 1966, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).
3. On 4 October 1966, the applicant was assigned for duty as a loader with the 2nd Battalion, 68th Armored Brigade in the Federal Republic of Germany. He served with this unit until his return to the United States on or about
26 December 1967.
4. On 28 February 1968, the applicant was assigned for duty with the 2nd Battalion, 34th Armor Brigade, 25th Infantry Division, in the Republic of Vietnam. He was reassigned from the Republic of Vietnam on 7 February 1969 and returned to the United States.
5. On 21 February 1969, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). He had attained the rank of staff sergeant (SSG)/pay grade E-6 and had completed 2 years, 9 months, and 20 days of creditable active service.
6. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Purple Heart, Bronze Star Medal, Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not show award of 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. 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 received the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.
2. The evidence of record clearly shows that the applicant served in the Republic of Vietnam during the period from 28 February 1968 to 7 February 1969. Furthermore, he was awarded the Vietnam Service Medal with 4 bronze service stars for this service.
3. Regulatory guidance shows that the Armed Forces Expeditionary Medal was awarded for service in the Republic of Vietnam during the period from 1 July 1958 through 3 July 1965.
4. In view of the above, the applicants request for award of the Armed Forces Expeditionary Medal should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X ___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________X_____________
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080014981
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