IN THE CASE OF: 

		BOARD DATE: 1 December 2011

		DOCKET NUMBER:  AR20110010908 


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 his service in the Republic of Vietnam (RVN) and all appropriate medals:  Vietnam Service Medal, Vietnam Campaign Medal, and the National Defense Service Medal.

2.  His DD Form 214 lists his service in Germany, but not Vietnam.  The applicant states he served in Vietnam from 25 January 1962 to approximately 24 January 1963 with the 93d Transportation Company which was headquartered first at Da Nang and then at Soc Trang.  The unit was responsible for carrying over to Vietnam the first CH-21 helicopters on the USS Princeton from Subic Bay, Philippines.  His name must appear on a company roster to corroborate his statements.  His Vietnam service may have been overlooked because of the early dates of his time there, when the United States was still serving officially only in an "advisory" capacity, well before the Gulf of Tonkin incident. 

3.  The applicant did not provide any additional documentation. 

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 enlisted in the Regular Army on 13 March 1957.  He completed training and was awarded military occupational specialty (MOS) 550.00 (Supply Handler).  He reenlisted and reclassified into MOS 552.10 (Petroleum Storage Specialist).

3.  His DA Form 24 (Service Record) shows in:

	a.  Section 4 (Chronological Official Record of Military Service) that he was assigned to the 93d Transportation Company from 31 August 1960 through 
15 December 1961.

	b.  Section 5 (Service Outside Continental United States) that on:

		(1) 16 August 1957 he embarked from New York and arrived in Bremerhaven, Germany on 19 August 1957.  He embarked from Bremerhaven, Germany on 20 July 1960 and arrived back in the United States on 29 July 1960.
 
		(2) 16 December 1961 he embarked from Quonset Point Naval Air Station, Rhode Island and arrived at Da Nang, Vietnam on 20 January 1962.  He embarked from Saigon, Vietnam on 13 November 1962 and arrived back in the United States on 15 November 1962.

		(3) 26 June 1963 he again embarked to Germany and returned to the United States on 5 July 1963.

	c.  Section 9 (Medals, Decorations, and Citations) that he was awarded two awards of the Army Good Conduct Medal and he qualified for the Expert Marksmanship Qualification Badge with Carbine and Rifle Bars.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Foreign Service) that he served in:

		(1)  Vietnam from 16 December 1961 through 15 November 1962.

		(2)  Germany from 10 August 1957 through 29 July 1960, and from
26 June 1963 through 17 June 1965.
	b.  item 33 (Record of Assignments) that he was assigned to the 93d Transportation Company from 2 September 1960 through 16 December 1962.

5.  On 28 June 1965, the applicant was honorably discharged as a specialist four/E-4.  He had completed 5 years, 11 months, and 22 days of creditable active service during the period covered by the DD Form 214.

6.  The applicant's DD Form 214 for the period ending 28 June 1965 shows in: 

	a.  item 24c (Foreign and/or Sea Service) the entry "USAREUR 3  11  26"  (indicating service in Europe for 3 years, 11 months, and 26 days), and 

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal 
(two awards) and Expert Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  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.

	c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965).

	d.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

8.  Department of the Army General Orders 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam to Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.
 
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not verify the applicant's claim to have service in Vietnam from 25 January 1962 to approximately 24 January 1963.  

2.  The available evidence does show the applicant served in Vietnam from 
20 January 1962 to 13 November 1962.  His last overseas theater, USAREUR, is shown in item 24c on his DD Form 214.  Nevertheless, there is no harm to the Army or the Soldier if his period of service in Vietnam is shown in item 32 (Remarks) of his DD Form 214.

3.  His records also show he qualified for the Expert Marksmanship Qualification Badge with Carbine Bar.

4.  He served during a period that qualified him for award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and the RVN Gallantry Cross Unit Citation with Palm. 

5.  Records also show the applicant is qualified for either the Armed Forces Expeditionary Medal or Vietnam Service Medal for RVN service.  He specifically requests award of the Vietnam Service Medal.  Additionally, as he participated in one designated campaign phase during his service in the RVN his DD Form 214 should be corrected to show the Vietnam Service Medal with one bronze service star.

6.  His DD Form 214 should be corrected to show this service and these awards.


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.  adding in Item 26 of his DD Form 214 for the period ending 28 June 1965 the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Carbine Bar

	b.  adding to Item 32 of his last DD Form 214 the entry "Service in the Republic of Vietnam from 620120 – 621113."



      ____________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)                                         AR20110004784



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010908



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1