IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005915 


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) for the period ending 15 October 1963 to show his Vietnam service and campaign awards.  He clarified his request by requesting award of the Vietnam Service Medal in lieu of his already-awarded Armed Forces Expeditionary Medal.

2.  The applicant states he served 1 year in Vietnam from 1962-1963 and service ribbons are not listed on his DD Form 214.

3.  The applicant provides 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.  The applicant's military record shows he was appointed as a U.S. Army Reserve commissioned officer on 5 July 1957.  He was ordered to active duty from the U.S. Army Reserve on 20 October 1961.

3.  His record contains a message from The Adjutant General (TAG), Washington, D.C., dated 24 January 1962, that shows he was scheduled to arrive in Vietnam not later than 28 February 1962.  Special Orders Number 14, issued by Headquarters, Military Assistance Advisory Group, Vietnam, dated
17 January 1963, indicates his estimated date of departure from Vietnam was
27 February 1963.

4.  His DA Form 67-5 (U.S. Army Officer Efficiency Report) for the rating period from 6 February 1962 through 23 February 1963 shows he performed duties as a chaplain while he was assigned to the Military Assistance Advisory Group - Vietnam.

5.  On 15 October 1963, he was honorably discharged from active duty due to his unqualified resignation.  He competed 1 year, 11 months, and 26 days of net service this period.  The DD Form 214 he was issued at the time shows in:

* item 24c (Foreign and/or Sea Service) the entry "1  0  0" indicating 1 year of foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Armed Forces Expeditionary Medal and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* item 32 (Remarks) the entry "Item 24c:  Foreign Service:  (Vietnam)" that shows the 1 year of foreign service shown in item 24c was for service in Vietnam

6.  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.  Appendix B shows that during the applicant's service in Vietnam, he participated in the Vietnam Advisory Campaign (15 March 1962 - 
7 March 1965).
7.  Army Regulation 600-8-22 states the Republic of Vietnam 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.

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.  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 the following units:

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

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record based on a TAG message, special orders, and his DD Form 214 shows he served 1 year in Vietnam during the period February 1962 to February 1963.  As such, he served during a qualifying period for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

2.  Evidence shows the applicant served in Vietnam during a qualifying period for entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  The applicant was awarded the Armed Forces Expeditionary Medal for his service in Vietnam; however, he now requests award of the Vietnam Service Medal in lieu of his Armed Forces Expeditionary Medal.  He also participated during one campaign phase during his service in Vietnam.  Therefore, he is 


entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.  His Armed Forces Expeditionary Medal should also be deleted from his DD Form 214 as a result of this correction.

4.  He served during a qualifying period of service for the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 and

	b.  adding to item 26 of his DD Form 214 the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ____________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)                                         AR20110005915



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ABCMR Record of Proceedings (cont)                                         AR20110005915



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