IN THE CASE OF:	  

		BOARD DATE:	    10 May 2011

		DOCKET NUMBER:  AR20100027304 


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 document his service in the Republic of Vietnam (RVN) and all awards due based on this RVN service.

2.  The applicant states his DD Form 214 fails to document his RVN service and awards due based on this service.

3.  The applicant provides passport documents. 

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 14 August 1962.  He was trained in and awarded military occupational specialty (MOS) 05H (morse interceptor).  It also shows he was promoted to specialist five (SP5)/E-5 on
13 March 1965, and that this is the highest rank/grade he attained while serving on active duty.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 24 May 1963 through 24 April 1964.  Item 33 (Record of Assignments) shows during his RVN tour he was assigned to the 3rd Radio Research Unit (RRU), performing duties in his MOS as a morse interceptor.

4.  On 27 July 1965, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 11 months, and 14 days of total active service. 

5.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 2 years, 2 months, and 3 days of overseas service and that the last theater in which he performed overseas service was the U.S. Army Pacific (USARPAC).

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Armed Forces Expeditionary Medal (AFEM)
* Army Good Conduct Medal (AGCM) (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.   Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's separation provided for entering all service completed outside the continental United States during the period covered by the DD Form 214 and the last theater in which it was performed in item 22c. 

8.   Later versions of Army Regulation 635-5 during the Vietnam era provided for documenting Vietnam service in the remarks block of the DD Form 214.  The current version of the regulation provides for documenting all deployments in the remarks block and the regulation has always provided for entering information of special significance not covered elsewhere on the form in the remarks block.


9.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-12 contains guidance on the AFEM and paragraph 2-13 contains guidance on the Vietnam Service Medal (VSM).  Both state that individuals who earned the AFEM for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the VSM instead of the AFEM.  However, no service member may be issued both medals for service in Vietnam.  A bronze service star is authorized with the VSM for each campaign a member was credited with participating in while serving in the RVN, bronze service stars are not authorized with the AFEM.  Table B-1 lists all authorized campaigns and shows during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Advisory Campaign for the period 15 March 1962 -
7 March 1965.

10.  Paragraph 9-13 of the awards regulation contains guidance on the RVN Campaign Medal (RVNCM) with Device (1960).  It states it is authorized for
6 months of service in the RVN completed between 1 March 1961 and 28 March 1973.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RVN service and all awards due based on this service should be reflected on his DD Form 214 has been carefully considered and is found to have merit.  The evidence of record confirms the applicant served in the RVN for 11 months and 1 day from 24 May 1963 through 24 April 1964.  It further shows he was awarded the AFEM based on this service.  However, the DD Form 214 he was issued upon his REFRAD on 27 July 1965 is void of any indication that he served in the RVN in either item 24c or item 32 (Remarks).

2.  The regulation governing preparation and distribution of the DD Form 214 in effect at the time provided no provisions for specifically documenting RVN 


service.  Later versions during the Vietnam era provided for documenting RVN service in the remarks block of the DD Form 214.  The current version provides for documenting all deployments in the remarks block.  All versions of the regulation always provided for entering information of special significance not covered elsewhere on the form in the remarks block.  Given the significance of his RVN service and the absence of any indication of this service on his
DD Form 214, it would be appropriate and serve the interest of equity to item 32 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19630524 - 19640424."

3.  Further, the evidence of record shows he received the AFEM based on his RVN service.  Therefore, it would also be appropriate to modify the AFEM entry in item 26 of his DD Form 214 to indicate the AFEM was awarded for his service in Vietnam.  The applicant is advised that by regulation, he may be awarded either the AFEM or the VSM based on his RVN service, but not both.  Therefore, absent a specific request from him to be awarded the VSM in lieu of the AFEM, he is not eligible for the VSM.

4.  The record further shows that based on his RVN service, he is entitled to the RVN Campaign Medal with Device (1960) and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

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:

* Armed Forces Expeditionary Medal - Vietnam
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding to item 32 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19630524 - 19640424."



      ___________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)                                         AR20100027304



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ABCMR Record of Proceedings (cont)                                         AR20100027304



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