IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090017200 


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 award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal for his service in Vietnam.  

2.  The applicant states, in effect, that he is registering with the Department of Veterans Affairs and they require a specific code for Vietnam service.  He states that his record should show the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.

3.  The applicant did not provide any supporting documents with 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 was inducted into the Army of the United States on 25 February 1964 for a 2-year period.  He completed the training requirements and he was awarded military occupational specialty 67J (Multi Engine Aircraft Mechanic).

3.  The applicant served in the Republic of Vietnam from 1 December 1965 to 20 February 1966.  He served with the 134th Aviation Company.

4.  On 21 February 1966, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  The DD Form 214 issued to the applicant shows he completed a total of 1 year, 11 months, and 27 days of active service of which 2 months and 20 days were foreign service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Armed Forces Expeditionary Medal (Vietnam).

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received "excellent" conduct and efficiency ratings during all his assignments.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice, and no record of court martial.

7.  The applicant met the qualification standards for the following badges:

	a.  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) was awarded in Special Orders Number 28, dated 20 April 1964, issued by Headquarters, 2nd Training Regiment, U.S. Army Training Center, Fort Gordon, GA;

	b.  the Air Assault Badge was awarded in Special Orders Number 147, dated 24 November 1964, issued by Headquarters, 37th Air Transportation Battalion (Test), Fort Benning; and

	c.  the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) was awarded in Special Orders Number 26, dated 5 March 1965, issued by 37th Air Transportation (Test) Battalion, Fort Benning.

8.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for participants 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 to 3 July 1965 shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal.  However, this regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No Soldier will be entitled to both awards for service in the Republic of Vietnam.

9.  The applicant's records show he is entitled to additional awards which he did not request and are not listed on his DD Form 214.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22 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.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in one campaign:  the Vietnamese Counteroffensive (25 December 1965 to 30 June 1966).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  Department of the Army General Orders (DAGO) 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his record corrected to show award of the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  Such a request is within regulatory guidance but requires removal of the Armed Forces Expeditionary Medal from his record.  A Soldier is not authorized both awards for the same period of service in the Republic of Vietnam. 

2.  Based on the applicant's “excellent” conduct and efficiency ratings and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 25 February 1964 to 21 February 1966 ending with the termination of his first period of qualifying Federal military service.
3.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to units serving under Headquarters, U.S. Army Vietnam.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Special orders announced the following awards:

* Air Assault Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Therefore, he is entitled to have his records corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ___x_____  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.  awarding him the Army Good Conduct Medal for his period of service from 25 February 1964 to 21 February 1966;

	b.  deleting from item 26 of his DD Form 214 the Armed Forces Expeditionary Medal (Vietnam); and 









   c.  adding to item 26 of his DD Form 214 the:

* Vietnam Service Medal with one bronze service star 
* Army Good Conduct Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Air Assault Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)




      _______ _   __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)                                         AR20090017200



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ABCMR Record of Proceedings (cont)                                         AR20090017200



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