IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100007135 


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 record to show receipt of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and any other awards and decorations to which he is entitled.

2.  He states, in effect, he served in the Republic of Vietnam from October 1962 through April 1963 and he would like to receive the awards he earned.

3.  He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  His record shows he enlisted in the Regular Army on 15 June 1960 and held military occupational specialty 296.10 (Field Radio Repairman).  The highest rank/pay grade he attained while serving on active duty was specialist four/pay grade E-4.  On 14 June 1963, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of the remainder of his service obligation.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized:

* two letters of appreciation
* the Armed Forces Expeditionary Medal
* the Marksman Marksmanship Qualification Badge with Rifle Bar
* the Marksman Marksmanship Qualification Badge with Carbine Bar

4.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Vietnam from 27 September 1962 through 20 March 1963, a period of 5 months and 22 days.

5.  His DA Form 24 (Service Record) contains the following pertinent information:

	a.  Section 4 (Chronological Record of Military Service) shows that during his tour of duty in the Republic of Vietnam he was assigned to the 72d Signal Detachment.

	b.  Section 4 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	c.  Section 5 (Service Outside the Continental United States) shows he arrived in the Republic of Vietnam on 1 October 1962 and departed on 19 March 1963, a period of 5 months and 19 days.

	d.  Section 9 (Medals, Decorations, and Citations) shows receipt of the following:

* two letters of appreciation
* the Armed Forces Expeditionary Medal
* the Marksman Marksmanship Qualification Badge with Rifle Bar
* the Marksman Marksmanship Qualification Badge with Carbine Bar
6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for individual awards pertaining to the applicant.

7.  During a telephonic conversation on 6 August 2010, he expressed his preference to have the Vietnam Service Medal shown in his records in lieu of the Armed Forces Expeditionary Medal to an ABCMR staff member.

8.  Department of the Army General Orders Number 3, dated 1966, awarded the Meritorious Unit Commendation to his unit for achievements during his period of assignment.

9.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit for achievements during his period of assignment.

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 (Military Awards) states 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.

12.  Army Regulation 600-8-22 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.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the Vietnam Advisory campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 to 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded 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.

14.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show receipt of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and any other awards and decorations to which he is entitled were carefully considered and determined to have partial merit.

2.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  There is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) for the period 15 June 1960 through 14 June 1963 and to correction of his records to show this award.

3.  He expressed his preference to have the Vietnam Service Medal shown in his records in lieu of the Armed Forces Expeditionary Medal.  The evidence shows he served a qualifying period of service for award of the Vietnam Service Medal and that he participated in one campaign.  Therefore, he is entitled to correction of his records to show the Vietnam Service Medal with one bronze service star in lieu of the Armed Forces Expeditionary Medal.

4.  The evidence shows he served a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to properly show this service medal.

5.  The evidence shows he did not serve a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is not entitled to correction of his records to show this campaign medal.

6.  General orders awarded his unit the Meritorious Unit Commendation for accomplishments during his tenure in the unit.  Therefore, he is entitled to have his records corrected to show this unit award.

7.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure in the unit.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  awarding him the Army Good Conduct Medal (First Award) for the period 15 June 1960 through 14 June 1963;

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

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

		(1)  the Army Good Conduct Medal (First Award),

		(2)  the National Defense Service Medal,

		(3)  the Vietnam Service Medal with one bronze service star,

		(4)  the Meritorious Unit Commendation,

		(5)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and

	d.  providing him an appropriate document to reflect these corrections.
2.  The Board further determined 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 Republic of 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)                                         AR20100007135



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (con