BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090014771 


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 request, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show where he performed his foreign service and to show award of the Armed Forces Expeditionary Medal.

2.  The applicant states, in effect, that his DD Form 214 shows the length of his foreign service, but it does not show where he performed his foreign service.  He also states his DD Form 214 does not show the Armed Forces Expeditionary Medal that he was issued in June 1964.   

3.  The applicant provides no additional documentation in support of his 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 military records show he enlisted in the Regular Army in pay grade E-1, on 29 November 1962, for 3 years, with prior enlisted service.  He completed training and was awarded military occupational specialty 52B (Powerman).  He was promoted to pay grade E-4, on 28 June 1963.  He served in Vietnam (United Army Pacific Command (USARPAC)) from 30 July 1963 to 17 June 1964 during one campaign.  He was assigned to the 362nd Signal Company, 39th Signal Battalion.  

3.  On 26 November 1965, the applicant was honorably discharged from active duty in pay grade E-4 at the expiration of his term of service.  He was issued a DD Form 214 that shows in Item 24c (Foreign and/or Sea Service) 11 months and 18 days.  There is no entry to indicate where the applicant's foreign service was completed.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) only lists the Good Conduct Medal.  

4.  The applicant’s DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), lists the following awards:  the Expert Marksmanship Qualification Badge with Carbine Bar (M-2), the Armed Forces Expeditionary Medal, and the Good Conduct Medal (1st Award).  

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  The regulation specified that Item 24c would contain the total amount of active service served outside of the continental limits of the United States and the last overseas theater (command code) in which the service was performed, e.g., "Foreign and/or Sea Service (USARPAC)" during the period covered by the DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants (30 consecutive or 60 nonconsecutive days) 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 this medal.  Upon request, a unit personnel officer may award 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) 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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, the 362nd Signal Company, was awarded the Meritorious Unit Commendation for service from February 1962 to June 1965, by Department of the Army General Orders 3, dated 1966.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's DD Form 214 revealed that during the preparation of his DD Form 214 an administrative error did occur.  The DD Form 214, Item 24c should be corrected to show "USARPAC” to identify that he served in Vietnam.

2.  The evidence of record confirms the applicant was awarded the Armed Forces Expeditionary Medal for his service in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show this award.  

3.  The evidence of record also confirms the applicant was awarded the Expert Marksmanship Qualification Badge with Carbine Bar (M-2).  Therefore, he is also entitled to correction of his DD Form 214 to show this badge.

4.  General orders awarded the applicant’s unit the Meritorious Unit Commendation; therefore, his DD Form 214 should be corrected to show this unit award.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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: 

   a.  adding to Item 24c of the applicant’s DD Form 214 the entry "USARPAC";

   b.  adding to Item 26 of his DD Form 214 the Armed Forces Expeditionary Medal, the Expert Marksmanship Qualification Badge with Carbine Bar (M-2) and the Meritorious Unit Commendation; and

   c.  providing him a corrected separation document that includes the correction and awards.




      _______ _   _______   ___
               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)                                         AR20090014771



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