BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021476 


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 the Vietnam Service Medal and Republic of Vietnam Campaign Medal.

2. The applicant states he served in Vietnam from 4 November 1963 to 6 November 1964 and he should have received the two service medals.

3.  The applicant provides a copy of his two DD Forms 214 and page 2 of his Department of Veterans Affairs (VA) rating decision in support of his application.

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 (RA) for a period of 3 years on 12 February 1963.  Upon completion of training he was awarded military occupational specialty 76G (Signal Supply and Parts Specialist).  The applicant reenlisted in the RA for a period of 3 years on 19 July 1965.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 4 November 1963 through 6 November 1964 and in Germany from 18 December 1964 through 18 June 1966;

	b.  item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Detachment, U.S. Army Support Command, on 6 November 1963;

	c.  item 39 (Campaigns) is blank; and

	d.  item 41 (Awards and Decorations) the Army Good Conduct Medal, Army Commendation Medal, Vietnam Service Medal, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  A DD Form 214 shows the applicant entered this period of active duty on 12 February 1963 and he was honorably discharged on 18 July 1965 to reenlist in the RA.

	a.  He completed 2 years, 5 months, and 7 days of net active service this period and 1 year, 7 months, and 3 days of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar, Armed Forces Expeditionary Medal (Vietnam), and Army Commendation Medal.

5.  A second DD Form 214 shows the applicant entered this period of active duty on 19 July 1965, he was honorably released from active duty on 18 July 1968, and he was transferred to the U.S Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 3 years of net active service this period and 11 months of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  The applicant provides a copy of a VA letter that shows the National Personnel Records Center, St. Louis, MO, verified he served in Vietnam from 4 November 1963 to 6 November 1964.

7.  During the processing of this case, an ABCMR staff member contacted the applicant to confirm that he preferred award of the Vietnam Service Medal with one bronze service star for participation in the Vietnam Advisory Campaign in lieu of the Armed Forces Expeditionary Medal for his service in Vietnam.  In response, the applicant indicated his preference to retain the Armed Forces Expeditionary Medal and that his request for award of the Vietnam Service Medal should be disregarded.  As a result, the applicant's request for the Vietnam Service Medal will not be discussed further in this Record of Proceedings.

8.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.

	b.  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 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  It stated to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Forms 214 should be corrected to show award of the Republic of Vietnam Campaign Medal because he served in Vietnam from 4 November 1963 to 6 November 1964.

2.  The evidence of record shows the applicant qualified for award of:

	a.  the Republic of Vietnam Campaign Medal with Device (1960) during his service in Vietnam and

	b.  the National Defense Service Medal during his initial enlistment.

3.  In view of the foregoing, it would be appropriate to correct the applicant's two DD Forms 214 to show his authorized awards and decorations as recommended below.

BOARD VOTE:

___x___  ____x__  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding the National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960) to item 26 of his 1965 DD Form 214 and

	b.  adding the Army Commendation Medal, Armed Forces Expeditionary Medal (Vietnam), and Republic of Vietnam Campaign Medal with Device (1960) to item 24 of his 1968 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)                                         AR20100021476



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ABCMR Record of Proceedings (cont)                                         AR20100021476



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