IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003503 


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 record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Vietnam Service Medal (VSM).

2.  The applicant states his records do not reflect his service with 1st Special Forces Group in the Republic of Vietnam (RVN).  He needs this documented on his DD Form 214 for the purpose of applying for Department of Veterans Affairs benefits.

3.  The applicant provides temporary duty (TDY) orders in support of his application.

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's record shows he enlisted in the Regular Army on 31 January 1963.  He was trained in and awarded military occupational specialty 97D (Intelligence Coordinator).

3.  The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he was TDY to the RVN from 1 December 1964 through 18 January 1965.  Item 41 (Awards and Decorations) does not include the VSM.

4.  On 27 January 1966, the applicant was honorably released from active duty in the temporary rank of specialist five/E-5 after completing 2 years, 11 months, and 27 days of active military service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time does not include the VSM and shows he earned the following awards during his active duty tenure:

* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)

5.  The applicant provides Headquarters, 1st Special Forces Group (Airborne), 1st Special Forces, Letter Orders T-406, dated 30 November 1964 which ordered the applicant to TDY to the RVN for a period not to exceed 90 days.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-12 contains guidance on the Armed Forces Expeditionary Medal (AFEM).  The AFEM is authorized for participation in U.S. military operations; U.S. operations in direct support of the United Nations; and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days in duration) or for 60 nonconsecutive days provided this support involved entering the area of operations.  The AFEM is authorized for service in the RVN between 1 July 1958 and 3 July 1965.  Service members who earned the AFEM for service in the RVN between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the AFEM.  However, no service member may be issued both medals for service in the RVN.

7.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the VSM.  Individuals qualified for the AFEM by reason of service in the RVN between 1 July 1958 and 3 July 1965 (inclusive) will remain qualified for that medal.  Upon request (unit personnel officer), any such individual may be awarded the VSM instead of the AFEM.  In such instances, the AFEM will be deleted from the list of authorized medals in personnel records.  No person will be entitled to both awards for RVN service.  A bronze service star is authorized with the VSM for each campaign a member is credited with participating in while serving in the RVN.  During the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Advisory Campaign (15 March 1962-7 March 1965).

8.  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.  

9.  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 release from active duty provided for an entry documenting inclusive dates of RVN service in item 32 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the VSM to his record and DD Form 214 has been carefully considered and was found to have merit.

2.  The evidence of record confirms the applicant served in the RVN from 1 December 1964 through 18 January 1965 and is therefore eligible for the AFEM.

3.  By regulation, members who earned the AFEM for service in the RVN 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 RVN.  As a result, based on his service and campaign participation in the RVN and his eligibility for the AFEM, it would be appropriate to grant the applicant's request to be awarded the VSM in lieu of the AFEM and to add it to his record and DD Form 214.  Further, based on his campaign participation in the RVN, he is also entitled to one bronze service star with his VSM.

4.  The applicant also met the eligibility criteria for award of the National Defense Service Medal.  This award should also be added to his DD Form 214.

5.  Army Regulation 635-5 in effect at the time also provided for documenting RVN service in item 32 of the DD Form 214.  Therefore, it would be appropriate to add an entry to item 32 documenting the applicant's RVN service.
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 his DD Form 214 in:

	a.  item 26 by adding the VSM with one bronze service star and the National Defense Service Medal, and

	b.  item 32 by adding the entry "VIETNAM SERVICE 1 DECEMBER 1964-18 JANUARY 1965."



      ____________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)                                         AR20110003503



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ABCMR Record of Proceedings (cont)                                         AR20110003503



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