IN THE CASE OF:	  

		BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20100000025 


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 Armed Forces Expeditionary Medal (AFEM) or the Vietnam Service Medal (VSM).

2.  The applicant states he would like his DD Form 214 amended to show medals or orders for medals issued to him for his service in the Republic of Vietnam (RVN).

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 enlisted in the Regular Army on 23 April 1963.  He was trained in and awarded military occupational specialty (MOS) 63H (Track Vehicle Repairer).  He was released from active duty (REFRAD) with an honorable characterization of service on 22 April 1966 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) in the rank/grade of specialist five (SP5)/E-5 (Temporary).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN during the period 20 September 1963 through
11 September 1964.

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal.

5.  Special Orders (SO) Number 47, issued by Headquarters, Special Troops, U.S. Army Garrison, Fort Dix, NJ, dated 11 March 1966, shows the applicant earned the Marksman Marksmanship Qualification Badge (M-14) with Rifle Bar.

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

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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.  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.  However, no service member may be issued both medals for service in Vietnam.

8.  It further states, in pertinent part, that for the Vietnam Service Medal, a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the applicant's in the RVN, he participated in the Vietnam Advisory Campaign (15 March 1962 - 
7 March 1965.

9.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.

10.  Army Regulation 600-8-22 states the RVN 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 the RVN 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 RVN required the individual to provide direct combat support to the RVN and Armed Forces.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and 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's request that his records be corrected to show award of the AFEM or the VSM was carefully considered and is supported by the evidence.

2.  The AFEM was authorized to participants who served in military operations within the RVN from 1 July 1958 to 3 July 1965.  The VSM was awarded to all members of the Armed Forces of the United States for qualifying service in the RVN after 3 July 1965 through 28 March 1973.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal.  The applicant requested award of the AFEM or the VSM.  Based on his service in the RVN, it would be appropriate to award the applicant the VSM.  Additionally, he was credited with participating in one campaign phase during his service in the RVN.  Therefore, he is also entitled to one bronze service star for wear on the VSM and correction of his DD Form 214 to show this award.

3.  The applicant served a qualifying period for award of the NDSM.  Therefore, he entitled to award of the NDSM and correction of his DD Form 214 to show this award.

4.  The applicant served a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to award of the RVN Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

5.  SO 47 awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.
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 adding to item 26 of his DD Form 214 the following awards:

* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman 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)                                         AR20100000025



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ABCMR Record of Proceedings (cont)                                         AR20100000025



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