IN THE CASE OF:	

		BOARD DATE:	1 March 2011

		DOCKET NUMBER:  AR20100019445 


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 all his decorations. 

2.  The applicant states he was in the same unit in Vietnam as a comrade who provided him with a DD Form 215 (Correction to DD Form 214) that shows deletion of the Armed Forces Expeditionary Medal; entitlement to the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, Republic of Vietnam (RVN) Campaign Medal with Device (1960), and the RVN Gallantry Cross with Palm Unit Citation; and an entry in the remarks section that shows his inclusive dates of service in Vietnam.

3.  The applicant provides a copy of his DD Form 214 and a copy of a fellow Soldier's DD Form 215.

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 4 September 1962.  He completed training and he was awarded military occupational specialty (MOS) 323.10 (later 36B) (Telephone Installation Repairman).

3.  On 5 March 1963, he began his tour in the RVN where he was assigned to the following subordinate units of the 39th Signal Battalion:

* 178th Signal Company (Support) from 5 March to 11 March 1963
* 232d Signal Company (Support) from 12 March to 15 September 1963
* 178th Signal Company (Support) from 16 September 1963 to 11 February 1964

He departed the RVN en route to the continental United States on 10 February 1964.

4.  On 3 September 1965, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years of total active service.  The DD Form 214 he was issued at the time shows in:

* item 24c (Foreign and/or Sea Service) the entry "Vietnam - 1  11  10" indicating he served in Vietnam for 1 year, 11 months, and 10 days 
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal, Armed Forces Expeditionary Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar

5.  Section 9 (Medals Decorations, and Citations) of his DA Form 24 (Service Record) shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), Armed Forces Expeditionary Medal, and the Army Good Conduct Medal (1st Award).

6.  A review of the applicant's available record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.


7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 178th Signal Company and the 232nd Signal Company, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period February 1962 - June 1965 by Department of the Army General Orders Number 3, dated 1966.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  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.  The regulation states individuals qualified for the Armed Forces Expeditionary Medal for service in the RVN 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 be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	c.  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 Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least
6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  An oak leaf cluster is authorized to denote the second and succeeding awards of this award.

9.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN 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.


10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 his service in Vietnam, the applicant participated in the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965).

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal and the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

2.  His units of the same battalion were cited for award of the Meritorious Unit Commendation during his periods of assignment.  Therefore, his DD Form 214 should be corrected to show 2 awards of this unit award.

3.  Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973, was cited for award of the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.  The applicant served in the RVN during this qualifying period.  Therefore, he is entitled to correction of his
DD Form 214 to show this unit award.

4.  Records show the applicant is qualified for either the Armed Forces Expeditionary Medal or Vietnam Service Medal for RVN service.  As he specifically requests award of the Vietnam Service Medal, his DD Form 214 should be corrected to delete the Armed Forces Expeditionary Medal and add the Vietnam Service Medal.  Additionally, as he participated in one designated campaign phase during his service in the RVN his DD Form 214 should be corrected to show the Vietnam Service Medal with one bronze service star.

5.  The evidence of record shows the applicant served in Vietnam from 5 March 1963 to 11 February 1964.  His last overseas theater, Vietnam, is appropriately reflected on his DD Form 214.  Nevertheless, there is no harm to the Army or the Soldier if his period of service in Vietnam is shown in item 32 of his DD Form 214.

6.  In view of the foregoing, the applicant's DD Form 214 should be corrected as indicated below.


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:

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

	b.  adding to item 26 of his DD Form 214 the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (2 Awards)
* Republic of Vietnam Cross of Gallantry with Palm Unit Citation

	c.  adding to item 32 of his DD Form 214 the entry "Service in Vietnam from 19630305 - 19640211."



      ___________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)                                         AR20100010115



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ABCMR Record of Proceedings (cont)                                         AR20100019445



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