IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100029730


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:

* Vietnam Service Medal
* National Defense Service Medal
* a Vietnamese award
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The applicant states, in effect, that he served in the Republic of Vietnam from 1964 to 1965; however, he was separated before the Vietnam Service Medal and National Defense Service Medal were authorized, and before the "Vietnamese medal" was awarded for service.  He states he is now a member of the American Legion and he would like to have his records corrected.

3.  The applicant provides his DD Form 214 and Special Orders Number 75,    3rd Radio Research Unit, dated 20 April 1965.

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 requested award of an unspecified Vietnamese award.  Since his request does not specify which Vietnamese award he should have been awarded, the Board cannot determine whether to grant appropriate relief.  He may clarify his request and resubmit at a later date; however, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's record shows he enlisted in the Regular Army, for a 3-year term, on 25 July 1962.  He completed training and was awarded military occupational specialty 951.10 (Military Policeman).

4.  His record shows he served in Vietnam from 12 July 1964 to 15 July 1965. During his service in Vietnam he was assigned to the 3rd Radio Research Unit, U.S. Army Security Agency.

5.  Special Orders Number 75, 3rd Radio Research Unit, dated 20 April 1965, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), effective 17 April 1965.

6.  His DD Form 214 shows he was honorably released from active duty on
15 July 1965, as an overseas returnee, and transferred to the U.S. Army Reserve for the remainder of his service obligation.  His DD Form 214 shows he completed 2 years, 11 months, and 21 days of total active service, including 2 years, 5 months, and 29 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

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

* Army Good Conduct Medal
* Armed Forces Expeditionary Medal – Vietnam 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1 and Carbine)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar


8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

9.  Army Regulation 600-8-22 states 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.

10.  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, for the period 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 12 July 1964 to 15 July 1965, for which he was awarded the Armed Forces Expeditionary Medal.  Subsequent to his release from active duty the Vietnam Service Medal was authorized for service in Vietnam.  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 individual's records, as no person will be entitled to both awards for Vietnam service.  

2.  The ABCMR case analyst attempted to contact the applicant regarding his preference for either the Armed Forces Expeditionary Medal or the Vietnam Service Medal, but was unable to reach the applicant.  Since he did not request award of the Vietnam Service Medal in lieu of his previous award of the Armed Forces Expeditionary Medal, it cannot be assumed he would prefer one more than the other.  Therefore, absent a specific request for award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, he is not entitled to relief for this matter.

3.  He served a qualifying period of honorable service for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this badge in lieu of the sharpshooter-level badge now shown.

5.  General orders awarded the U.S. Military Assistance Command and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 8 February 1962 to 28 March 1973.  Therefore, he is entitled to correction of his DD Form 214 to show this unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

   a. deleting from item 26 of his DD Form 214 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14);

   b. adding to item 26 of his DD Form 214 the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined 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 awarding him the Vietnam Service Medal at this time.  
      
      
      
      
      ____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100029730



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