IN THE CASE OF:	  

		BOARD DATE:	  21 May 2009

		DOCKET NUMBER:  AR20080019472 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM), Air Medal (AM), Vietnam Service Medal (VSM), and Vietnam Campaign Medal (VCM). 

2.  The applicant states he earned medals which are not listed on his DD Form 214.

3.  The applicant provides no additional documentary evidence in support of this 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 was inducted into the Army of the United States on 10 December 1963.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of clerk typist.  He was promoted to pay grade E-4.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period from 26 September 1964 through 24 September 1965.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to Headquarters and Headquarters Detachment, 13th Aviation Battalion performing duties as a shop clerk.

4.  The applicant's DD Form 214 shows that on 27 September 1965 he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) with an honorable characterization of service after completing 1 year, 9 months, and 18 days of creditable active service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge (Rifle M-14) and the Armed Forces Expeditionary Medal (AFEM).

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the Sharpshooter Marksmanship Qualification Badge (Rifle M-14) and the AFEM.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, revealed United States Army Vietnam, General Orders Number 432, dated 7 September 1965 awarding the applicant the ARCOM for meritorious service during the period September 1964 to September 1965.

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

9.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), AM, VSM, and VCM by proper authority while serving on active duty.


10.  The applicant's DA Form 20 shows all "excellent" conduct and efficiency ratings and no adverse actions were shown in other available records.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the applicant was separated, required that throughout a qualifying period of service for award of the AGCM the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the NDSM is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

14.  Army Regulation 600-8-22, paragraph 2-13d specifically provides that individuals qualified for the AFEM 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 VSM in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the VSM.  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.  The boundaries of the Vietnam combat zone for campaign participation credit are defined as an area which includes Vietnam and the water adjacent thereto.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the VCM.  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 the Armed Forces for 6 months.  Individuals who had qualified for award of the VSM or the AFEM and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the VCM.

17.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the ARCOM.

2.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the first award of the AGCM for the period 10 December 1963 through 27 September 1965 and correction of his DD Form 214 to show this award.

3.  Available evidence shows the applicant served for a qualifying period of honorable active service between 1 January 1961 and 14 August 1974.  Therefore, he is entitled to award of the NDSM and correction of his DD Form 214 to show this award.

4.  While the applicant initially requested award of the VSM, he was already awarded the AFEM.  During the processing of this case, the Board staff called the applicant's home to explain the requirement to remove the AFEM from a Soldier's records to award the VSM since no person will be entitled to both awards for Vietnam Service.  The response was, in effect, to withdraw the request for the VSM and retain the AFEM.  As such, he is not entitled to award of the VSM.

5.  Record shows the applicant served in Vietnam for 12 months.  Therefore, he is entitled to award of the VCM.

6.  While the applicant asserts he earned the AM, there is no evidence, nor did he provide any evidence that he was ever recommended for or awarded the AM.  Therefore, he is not entitled to award of this medal.

7.  The applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on the dates of his service in Vietnam.  Therefore, he is entitled to have his records corrected to show this foreign award.

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:

	a.  awarding him the AGCM (first award) for the period 10 December 1963 through 27 September 1965; and

   b.  adding to item 24 of the applicant's DD Form 214, the ARCOM, NDSM, AGCM (first award), VCM, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 amending his DD Form 214 to show the VSM.



      _______ _   _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)                                         AR20080019472



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ABCMR Record of Proceedings (cont)                                         AR20080019472



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