IN THE CASE OF:	  

		BOARD DATE:	  7 January 2011

		DOCKET NUMBER:  AR20100018104 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that his Home of Record (HOR) was in Ohio and not West Virginia and that his DD Form 215 (Correction to DD Form 214) be corrected to reflect that his service number was X3 XXX XXX instead of X2 XXX XXX.  He also requests that he be awarded the appropriate awards for his service in Vietnam

2.  The applicant states that his DD Form 214 incorrectly reflects that his HOR was in West Virginia when in fact it was in Ohio.  He further states that his DD Form 215 prepared by the Board incorrectly reflects that his service number was X2 XXX XXX instead of X3 XXX XXX.

3.  The applicant provides copies of his DD Form 214 and DD Form 215 and a statement in support of his claim.

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 initially enlisted in the Regular Army on 22 October 1958 and was issued a service number of RA X3 XXX XXX.  His HOR at the time was in St. Clairsville, (Belmont) Ohio.  He served until he was honorably released from active duty (REFRAD) as an overseas returnee on 30 June 1962.

3.  He again enlisted in the Regular Army on 29 November 1962 for a period of 3 years and his HOR was still St. Clairsville, (Belmont) Ohio and his service number was RA X3 XXX XXX.

4.  The applicant served in Vietnam with the 362d Signal Company, 39th Signal Battalion from 30 July 1963 to 17 July 1964.

5.  On 26 November 1965, the applicant was honorably discharged due to the expiration of his term of service (ETS).  His DD Form 214 issued at the time of his discharge reflects in block 23 that his HOR was in West Virginia.  It also reflects that he was awarded the Good Conduct Medal.

6.  On 21 August 2009, he applied to this Board requesting that he be awarded the Vietnam Expeditionary Medal and that his service in Vietnam be reflected on his DD Form 214.

7.  On 18 March 2010, the Board directed that his records be corrected to reflect his service in Vietnam and awards of the Armed Forces Expeditionary Medal (Vietnam) and the Meritorious Unit Commendation.  Accordingly, a DD Form 215 was issued to the applicant reflecting the changes directed by the Board.  However, the service number on the DD Form 215 reflects an incorrect service number of X2 XXX XXX.

8.  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.  

9.  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 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, 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 (AFEM) be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

10.  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.  

11.  Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service number is incorrectly reflected on his DD Form 215 has been noted and found to have merit.  Accordingly, he is entitled to have his records (DD Form 215) corrected to reflect a service number of X3 XXX XXX.

2.  The applicant’s contention that his DD Form 214 incorrectly reflects in block 23 that his HOR was in West Virginia has also been noted and found to have merit.  His HOR was in Ohio and he is therefore entitled to have his records corrected to reflect so.

3.  The applicant was awarded the AFEM for his service Vietnam; therefore, he is not entitled to be awarded the Vietnam Service Medal (VSM) unless he elects in writing to exchange the AFEM for award of the VSM.

4.  However, he is entitled to award of the Republic of Vietnam Campaign Medal with 60 device and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to have his records corrected accordingly.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Showing on his DD Form 215 that his service number is X3 XXX XXX
* Showing that his HOR was in Ohio instead of West Virginia as currently reflected in block 23 of his DD Form 214 dated 26 November 1965
* Adding the Republic of Vietnam Campaign Medal w/60 device and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 dated 26 November 1965

2.  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)                                         AR20100018104





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018104



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1