IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007622 


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 he be awarded the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, and any other medals that he should have received while serving in the Army.

2.  The applicant states that he believes that he is entitled to awards that are not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He was notified when he applied for Department of Veterans Affairs (VA) benefits that they should be on his DD Form 214.

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 was inducted into the Army of the United States in Columbus, OH on 4 August 1964 and he was transferred to Fort Knox, KY to undergo his basic combat training.  He subsequently completed his training and he was transferred to Fort Lewis, WA for assignment to Company A, 41st Signal Battalion as a mechanic’s helper.

3.  On 7 June 1965, he was transferred to Vietnam with his unit.  He was advanced to the pay grade of E-4 on 13 October 1965 and he departed Vietnam on 12 June 1966 to Fort Dix, NJ, where he was honorably released from active duty (REFRAD) on 15 June 1966 as an overseas returnee.  He had served
1 year, 10 months, and 12 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD indicates he was awarded the Armed Forces Expeditionary Medal (Vietnam) and the National Defense Service Medal.

4.  A review of the applicant’s official records shows that he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that could serve to disqualify him for award of the first award of the Army Good Conduct Medal (GCMDL).

5.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal (AFEM) 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 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, a unit personnel officer may award the Vietnam Service Medal 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.

6.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded by Executive Order 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, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal 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.  

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.    

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to Vietnam, his unit (Company A, 41st Signal Battalion) was awarded the Meritorious Unit Commendation for the period 20 June 1965 – 1 April 1966 by Department of the Army General Orders (DAGO) 53, dated 1967.

10.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 contention that he should be awarded the VSM has been noted and appears to lack merit.  The applicant was awarded the AFEM for his service in Vietnam because at the time he arrived in Vietnam the VSM did not exist.  When the VSM went into effect, it allowed recipients of the AFEM to request award of the VSM in lieu of the AFEM; however, individuals could not receive both medals for the same service.  Accordingly, the applicant is not entitled to be awarded the VSM as an additional award.  However, if he so 
desires, he may reapply to this Board for award of the VSM in lieu of the AFEM, with the understanding that the AFEM would be removed from his Official Military Personnel File (OMPF) and DD Form 214.

2.  The applicant served a qualifying period of service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this medal.
3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the AGCM for his service from 4 August 1964 through 15 June 1966.  This conclusion is based on the fact that the applicant's receive all "excellent" conduct and efficiency ratings throughout his service, his record is void of any derogatory information which would preclude him from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  Therefore, he is entitled to award of the AGCM (first award) and correction of his DD Form 214 to show this award.

4.  Additionally, the applicant is entitled to the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show these unit awards.

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:

	a.  awarding him the Army Good Conduct Medal (first award) for the period of 4 August 1964 through 15 June 1966; and

   b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 awarding him the Vietnam Service Medal.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100007622



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)