IN THE CASE OF:	  

		BOARD DATE:	  26 August 2009

		DOCKET NUMBER:  AR20090002834 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Vietnam Service Medal and Vietnam Campaign Medal with Device (1960).

2.  The applicant states he was attached to the 173rd Airborne Brigade (Separate) in Vietnam from February through July 1965.  He states he requires these medals in order to prove Vietnam service to the Veterans Administration (VA).

3.  The applicant provides a copy of his DD Form 214.

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 served in the Regular Army from 18 October 1962 through 26 July 1965.  He was trained in military occupational specialty 63H (Automobile Repairman).  Following training at Fort Knox, KY and Aberdeen Proving Grounds, MD, he served tours of duty at Fort Irwin, CA and Fort Benning, GA before being transferred overseas.

3.  The applicant’s service records show he departed Travis Air Force Base, CA on 16 November 1963 en route to Kadena Air Force Base, Okinawa.  He arrived in Okinawa on 18 November 1963 and was assigned to the 173rd Airborne Brigade at Fort Buckner, Okinawa.  On 8 May 1965, he departed Naha Port, Okinawa en route to Saigon Port, Republic of Vietnam.  He arrived at Saigon Port on 12 May 1965.  On 19 May 1965, he left the Republic of Vietnam from Bien Hoa, returning to Naha, Okinawa.

4.  The applicant’s DD Form 214 shows award of the Armed Forces Expeditionary Medal.  It does not show award of the Vietnam Service Medal or the Vietnam Campaign Medal with Device (1960).

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in US military operations, US operations in direct support of the United Nations, and US operations of assistance for friendly, foreign nations.  Qualifying service for this award includes the requirements to:  be a bona fide member in a unit and to be engaged in the operation, or serve in the area of operations for 30 days; be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided support involves entering the area of operations; be engaged in combat; participate as a member of an aircraft flying in support of the operation; or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in the regulation.  Service in Vietnam from 1 July 1958 to 3 July 1965 qualified for award of the AFEM.

	b.  Service members who earned the AFEM for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the AFEM.  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 AFEM be removed from the records of the individual as no service member may be issued both medals for service in Vietnam.

	c.  The Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960), 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Vietnam Service Medal and Vietnam Campaign Medal with Device (1960).  He has the Armed Forces Expeditionary Medal for Vietnam service on his DD Form 214.

2.  The applicant may elect to exchange the AFEM for the Vietnam Service Medal, but may not have both medals for his Vietnam service.  In this instance, because he is attempting to demonstrate to the VA his qualification for Vietnam service-related benefits, his AFEM should be voided and he should be issued the Vietnam Service Medal with 1 bronze service star for the Vietnam Defense Campaign (8 March-24 December 1965).

3.  The applicant did not spend 6 months in Vietnam, nor was he medically evacuated from Vietnam for wounds; therefore, he is not entitled to award of the Vietnam Campaign Medal with Device (1960).

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.  revoking his entitlement to award of the Armed Forces Expeditionary Medal and deleting it from his DD Form 214; and

	b.  awarding him the Vietnam Service Medal with 1 bronze service star and adding it to his 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 the Vietnam Campaign Medal with Device (1960).




      _______ _   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)                                         AR20090002834





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ABCMR Record of Proceedings (cont)                                         AR20090002834



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