IN THE CASE OF:	  

		BOARD DATE:	       11 JUNE 2009

		DOCKET NUMBER:  AR20090003773 


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 that the former service member's (FSM) records be corrected to show award of the Vietnam Service Medal and other appropriate decorations.

2.  The applicant states that his father, the FSM, served under cover in Laos as a civilian advisor from 23 March 1961 through 31 August 1961 and should be recognized for his clandestine service in Laos.

3.  The applicant provides copies of the FSM's death certificate, DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), WD AGO 
Form 53-55 (Enlisted Record and Report of Separation), three DD Forms 214 (Report of Transfer or Discharge), and the applicant's birth certificate.

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 FSM, a career Soldier, first entered active duty in the U.S. Army Enlisted Reserve Corps on 20 November 1942 and was discharged on 6 September 1963 with 19 years, 4 months, and 13 days of creditable service.

3.  A DA Form 24 for the period from 5 June 1951 to 6 September 1963 shows in Section 4 (Chronological Record of Military Service) that the FSM was assigned to the Military Assistance Advisory Group, Laos, from 23 March 1961 to 31 August 1961.  It also lists at Section 5 (Service Outside Continental United States) service in Laos from 1 April 1961 through 29 August 1961.

4.  A DA Form 20 shows service with the Military Assistance Advisory Group, Laos, from 30 March 1961 to 31 August 1961.

5.  The DD Form 214 issued for the period 5 June 1957 through 6 September 1963 does not list any awards authorized for this period.

6.  Army Regulation 600-8-22 (Military Awards) 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.

7.  Army Regulation 600-8-22 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.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations or for 60 nonconsecutive days provided this support involved entering the area of operations.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  Table 2-4 states that the Armed Forces Expeditionary Medal was authorized for service in Vietnam from 1 July 1958 to 3 July 1965 and for service in Laos from 19 April 1961 to 7 October 1962.

8.  Army Regulation 600-8-22, as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the FSM served under cover in Laos as a civilian advisor from 23 March 1961 through 31 August 1961 and should be recognized for his clandestine service in Laos.

2.  The FSM was a bona fide member of a unit participating in or engaged in    the direct support of operations for over 30 consecutive days in the area of operations of Laos.  Based on this period of service he is authorized award of  the Armed Forces Expeditionary Medal for Laos.

3.  The Vietnam Service Medal did not officially come into existence until 3 July 1965.  While Soldiers who were awarded the Armed Forces Expeditionary Medal for service in Vietnam may elect to receive the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, this provision does not extend to Soldiers who were authorized the Armed Forces Expeditionary Medal for service in Laos.  Therefore, award of the Vietnam Service Medal is not appropriate.

4.  The FSM served on active duty during a period for which the National Defense Service Medal was authorized.

5.  Based on the above facts and findings, it is appropriate to correct the FSM's records to show he was authorized the Armed Forces Expeditionary Medal (Laos) and the National Defense Service Medal.

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 amending the FSM's DD Form 214 for the period ending 6 September 1963 to add the Armed Forces Expeditionary Medal (Laos) and the National Defense Service Medal.

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 the Vietnam Service 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)                                         AR20090003773



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ABCMR Record of Proceedings (cont)                                         AR20090003773



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