IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100018736
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, in effect, award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal (AFEM) and Republic of Vietnam Campaign Medal with Device (1960).
2. The applicant states:
* he served in Vietnam as a sergeant during the period April 1962 to May 1963
* his service in Vietnam and the medals are not listed on his DD Form 214 (Report of Transfer or Discharge)
3. The applicant provides:
* Message pertaining to service in Vietnam
* Duty assignment orders from Vietnam
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior service in the Army National Guard, he enlisted in the Regular Army (RA) on 14 April 1958. On 31 January 1961, he was honorably discharged. He reenlisted in the RA on 27 April 1961 for a period of 6 years. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 14 March 1962 to 10 April 1963. On 3 May 1967, he was honorably discharged.
3. The applicants DD Form 214 for the period ending 3 May 1967 shows the AFEM (Vietnam), Good Conduct Medal, and National Defense Service Medal as authorized awards.
4. On 20 January 2011, the applicant was notified by separate correspondence that:
* he may be awarded the Vietnam Service Medal in lieu of the AFEM for his service in Vietnam
* he had to request it in writing
* the AFEM would be removed from his records
5. On 23 January 2011, he responded but did not request the Vietnam Service Medal be awarded in lieu of the AFEM. Therefore, his request for the Vietnam Service Medal in lieu of the AFEM will not be discussed further in these proceedings.
6. Army Regulation 600-8-22 (Military Awards) 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.
DISCUSSION AND CONCLUSIONS:
He served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 should be corrected to show this medal.
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 the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214.
_______ _ _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) AR20100018736
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018736
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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