IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021581


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 award of the:

* Meritorious Unit Commendation
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  He states the additional medals that were awarded to him are not listed on his DD Form 214.  

3.  He provides a copy of his DD Form 214 and a letter from the National Personnel Records Center.  

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 31 October 1960.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 12 January 1962 to 17 January 1963 and was assigned to the 3rd Radio Research Unit.  

3.  Section 9 (Medals, Decorations, and Citations) on his DA Form 24 (Service Record) shows he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar by Headquarters, 2nd Training Regiment, Special Order 285, dated 16 December 1960
* Meritorious Unit Commendation by Headquarters, Department of the Army, General Order Number 22, undated
* Armed Forces Expeditionary Medal for duty in Army Post Office Region 143 (Vietnam) 
* Army Good Conduct Medal by Headquarters, 4th Infantry Division, Special Order 128, dated 3 October 1963

4.  He was honorably released from active duty on 30 October 1963.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the Army Good Conduct Medal as an authorized award.  

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

   a.  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.  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 be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.
	c.  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.  

	d.  Marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

6.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation.  Therefore, this award should be added to his DD Form 214.  

2.  He served a period of honorable active service for award of the National Defense Service Medal.  Therefore, this award should be added to his DD Form 214.  

3.  The evidence of record shows he served in Vietnam from 12 January 1962 to 17 January 1963.  Therefore, he served a period of qualifying service for award of the Armed Forces Expeditionary Medal and the Vietnam Service Medal.  However, the Military Awards regulation prohibits entitlement to both awards for Vietnam service.  Since the Armed Forces Expeditionary Medal is listed on his DA Form 24, it would be appropriate to add this award to his DD Form 214 instead of the Vietnam Service Medal.  

4.  He served a period of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, this award should be added to his DD Form 214.  



5.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, this marksmanship badge should be added to his DD Form 214.  

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214:  should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 adding the Meritorious Unit Commendation, National Defense Service Medal, Armed Forces Expeditionary Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation,   and Expert Marksmanship Qualification Badge with Rifle Bar to item 26 of his  DD Form 214.

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 amending his DD Form 214 to show award of the Vietnam Service Medal.  



      _______ _   _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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20100021581



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