IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110000606 


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 Vietnam Service Medal (VSM) with one bronze service star and the Armed Forces Expeditionary Medal (AFEM).

2.  He states that his DD Form 214 recognizes his Vietnam service, but does not show the VSM or the AFEM.  He offers that both awards were issued after he left active duty and during his active Reserve service.

3.  He provides:

* a self-authored statement
* his DD Form 214
* two DA Forms 1577 (Authorization for Issuance of Awards)
* an Incoming Message, dated 27 December 1961
* his Standard Form88 (Report of Medical Examination), dated
22 March1962
* Special Orders Number 92, dated 2 April 1962
* Special Orders Number 109, dated 31 May 1962
* a Department of Veteran Affairs Benefit Details

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 was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 on 31 July 1959 and entered active duty on 11 January 1960.  On 6 April 1962, he was honorably released from active duty and credited with 2 years, 8 months, and 6 days of active service.

3.  His DD Form 214 shows in:

* Item 12 (Last Duty Assignment and Major Command) the entry 3rd Radio Research Unit (RRU), Vietnam
* Item 24c (Foreign and/or Sea Service) the entry 1 year, 3 months, and
8 days
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the entry letter of commendation and a certificate of achievement

4.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in Korea from 25 April 1960 through 11 May 1961 and in Vietnam from 11 January 1962 through 31 March 1962.  Item 18 of his DA
Form 66 shows he was assigned to the 3rd RRU while in Vietnam.

5.  A DA Form 215 (Correction to DD Form 214) issued on 22 February 2006, shows his DD Form 214 was corrected to add to item 26 the Korea Defense Service Medal.

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

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in Vietnam Advisory Campaign (15 March 1962 - 7 March 1965).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd RRU, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period 13 May 1961 through 31 December 1962 by Department of the Army General Orders (DAGO) Number 22, dated 1963.

9.  Department of the Army Pamphlet 672-3, 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 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 
11 January 1962 through 31 March 1962.  Therefore, he served a period of qualifying service in Vietnam for the VSM with one bronze service star.

2.  However, entitlement to the VSM makes him ineligible for the AFEM since only one award is authorized for his service in Vietnam.

3.  Evidence of record also shows he is entitled to the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these 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 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 to item 26 of his DD Form 214 the:

* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 adding the Armed Forces Expeditionary Medal to his 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)                                         AR20110000606



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ABCMR Record of Proceedings (cont)                                         AR20110000606



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