IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010052 


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 that he be awarded the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal (RVNCM).  He also requests that he be issued the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states that he served in Vietnam in 1964 and he is entitled to the above awards.  He also states that while he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, he was never issued the badge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and photocopies of medal set boxes for the Good Conduct Medal and Armed Forces Expeditionary Medal.  He also provides a copy of a letter from the National Personnel Records Center authorizing the issuance of medal sets.

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 inducted into the Army of the United States on 
20 November 1963.  He completed basic training at Fort Polk, Louisiana and was transferred to Fort Ord, California for training as a construction helper.  He was assigned to Company A, 84th Engineer Battalion. 

3.  On 13 May 1965, he was transferred to Vietnam with his unit and served in Vietnam until 19 November 1965 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Armed Forces Expeditionary Medal (AFEM), and the Army Good Conduct Medal (1st Award).

4.  Army Regulation 600-8-22 (Military Awards) 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.  

5.  Army Regulation 600-8-22 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.

6.  Army Regulation 600-8-22 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. 

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.  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.  It shows that the applicant's unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the VSM has been noted; however, he was already awarded the AFEM for that service and in order to be awarded the VSM, he will have to surrender the AFEM.  Therefore, until the applicant agrees to forego award of the AFEM he cannot be awarded the VSM. 

2.  However, the applicant did serve in Vietnam more than 6 months and thus he is entitled to have the RVNCM added to his DD Form 214.

3.  He also served during a qualifying period for award of the NDSM and he is entitled to have it added to his DD Form 214.

4.  Additionally, his unit was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Accordingly, they should be added to his DD Form 214 at this time.


BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Adding the NDSM, MUC, RVNCM, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
* Issuing to him the above awards, if available, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   __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)                                         AR20110010052



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ABCMR Record of Proceedings (cont)                                         AR20110010052



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