IN THE CASE OF:	

		BOARD DATE:	        16 December 2008

		DOCKET NUMBER:  AR20080015489 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Armed Forces Expeditionary Medal for his service in Vietnam.

2.  The applicant states, in effect, that he served in Vietnam during the period 1963/1964 and that he would like to correct his DD Form 214 to show all the awards he earned while on active duty. 

3.  The applicant provides a copy of his DD Form 214, two pages of his DD Form 20 (Enlisted Qualification Record), and a DA Form 24 (Service Record).

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 records are not available to the Board.  This case is being considered using reconstructed records, which primarily consist of the documents provided by the applicant.  

3.  The applicant was inducted into the Army of the United States on 1 November 1962.  He arrived in Vietnam on 4 June 1963.  He served as a communications center specialist assigned to Headquarters and Headquarters Detachment, 39th Signal Battalion in Vietnam from 7 June 1963 through 26 December 1963.  He was assigned to the 232nd Signal Company in Vietnam from 27 December 1963 through 17 May 1964.  On 30 October 1964, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. 

4.  The applicant’s DD Form 214 shows the Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he served 11 months and 14 days in USARPAC [U.S. Army Pacific].   

5.  Item 29 (Foreign Service) on the applicant’s DA Form 20 shows he served in Vietnam from 4 June 1963 through 17 May 1964, a total of 11 months and
14 days.

6.  Section 9 (Medals, Decorations, and Citations) on the applicant’s DA Form 20 shows the Armed Forces Expeditionary Medal (Vietnam) as an authorized award.

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 applicant's unit (232nd Signal Company) was cited for award of the Meritorious Unit Commendation for actions during the period February 1962 to June 1965 by Department of the Army General Orders Number 3, dated 1966.  

8.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

9.  Paragraph 2-12e of Army Regulation 600-8-22 (Military Awards) provides that individuals qualified for the Armed Forces Expeditionary Medal for reason of service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, an individual may be awarded 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  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.  

11.  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.  
DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in Vietnam, he is eligible for award of the Armed Forces Expeditionary Medal.

2.  The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) and the National Defense Service Medal.  

3.  The applicant's unit (232nd Signal Company) was cited for award of the Meritorious Unit Commendation while he was assigned to it.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

BOARD VOTE:

____X____  ___X____  ____X____  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 adding the Armed Forces Expeditionary Medal (Vietnam), the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      ________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)                                         AR20080015489



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ABCMR Record of Proceedings (cont)                                         AR20080015489



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