IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022206 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his period of service in the Republic of Vietnam (RVN) and all associated awards and decorations.

2.  He states his DD Form 214 does not show his occupation medal for Vietnam and all other associated awards.

3.  He provided his 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 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.  His military personnel record shows he enlisted in the Regular Army on 18 March 1963 for 3 years.

3.  His DA Form 20 (Enlisted Qualification Record) shows, in pertinent part:

* Item 31 (Foreign Service) – he served in U.S. Army Pacific Command (USARPAC)-Vietnam from 7 August 1963 to 27 July 1964 and in U.S. Army Europe (USAREUR)-Germany from 8 September 1964 to 25 February 1966
* Item 38 (Record of Assignments) – while serving in Vietnam, he was assigned to the 560th Military Police Company
* Item 41 (Awards and Decorations) –

* Armed Forces Expeditionary Medal (AFEM) (Vietnam) 
* Army of Occupation Medal (AOM) (Berlin)
* Air Medal (AM) (18th Oak Leaf Cluster)
* Army Good Conduct Medal (AGCM) (First Award)

4.  His DD Form 214 shows he was honorably released from active duty on 7 March 1966.  This form also shows the following entries:

* Item 24c (Foreign and/or Sea Service) – USAREUR – 2 years, 5 months, and 19 days
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* AOM (Berlin)
* AM (18th Oak Leaf Cluster)
* AGCM (First Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

* Item 32 (Remarks) does not reflect his foreign service time

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

6.  Army Regulation 600-8-22 (Military Awards) provides regulatory guidance for the following:

	a.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

	b.  The AFEM 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 AFEM for service in Vietnam from 1 July 1958 through 3 July 1965 (inclusive) shall remain qualified for that medal.  Soldiers may elect to be awarded the VSM in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.  A bronze service star will be awarded for wear on the VSM for participation in each campaign.

	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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  His period of service in Vietnam coincides with the Vietnam Advisory Campaign (15 March 1962-7 March 1965).

8.  Department of the Army Pamphlet 672-3 also establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment to the 560th Military Police Company, his unit was awarded the Meritorious Unit Commendation (MUC) for the period April 1963 to May 1964 by Department of the Army General Orders Number 14, dated 1965.

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. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 24c showed the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USAREUR, USARPAC, etc.).  Furthermore, item 32 was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry.  During the period in question, entering dates of service in Vietnam was not required.

DISCUSSION AND CONCLUSIONS:

1.  His military personnel record confirms he served in Vietnam from 7 August 1963 through 27 July 1964.  Although dates of service in Vietnam was not required to be entered on the DD Form 214 at the time, there would be no harm in adding that service at this time in item 32 of his DD Form 214.

2.  Army Regulation 600-8-22 states that all Soldiers qualified for award of the AFEM (Vietnam) will remain qualified for that award.  Upon request, a Soldier may be awarded the VSM and appropriate bronze service stars in lieu of the AFEM.  Due to the fact that the AFEM (Vietnam) was never properly recorded on his DD Form 214, as a matter of equity it would be appropriate to show he was awarded the VSM with one bronze service star for his service in Vietnam and to add this award to his DD Form 214.

3.  The evidence of record confirms he served an honorable period of active duty service between 18 March 1963 and 7 March 1966; therefore, he is entitled to award of the NDSM and to have this award added to his DD Form 214.

4.  The applicant met the eligibility criteria for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to have this award added to his DD Form 214.

5.  General orders awarded all units the RVN Gallantry Cross with Palm Unit Citation during his assignment in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  General orders awarded his unit the MUC during his tour of duty in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 amending the following items of his DD Form 214:

	a.  adding the following awards to item 26:

* VSM with one bronze service star
* NDSM
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation 
* MUC

	b.  adding the following entry to item 32:

* VIETNAM (7 AUGUST 1963-27 JULY 1964)




      _____________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)                                         AR20100022206



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ABCMR Record of Proceedings (cont)                                         AR20100022206



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