IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011105 


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 the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he recently joined the Vietnam Veterans of America Organization and was told he should have been awarded the above mentioned medals since he served in Vietnam in 1962/1963.  He was told these medals were awarded to all service men who served in Vietnam between the years 1961 to 1975. 

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 enlisted in the Regular Army on 18 October 1961 for a period of 3 years.  His service record shows he arrived in Vietnam on 6 May 1962.  He served as a communications center specialist assigned to the 178th Signal Company in Vietnam from 6 May 1962 to 8 May 1963.  He was released from active duty on 1 October 1964 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Armed Forces Expeditionary Medal for service in Vietnam. 

4.  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 178th signal Company, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period February 1962 to June 1965 by Department of the Army General Orders (DAGO) 3, dated 1966.

5.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

7.  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.

8.  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.  

DISCUSSION AND CONCLUSIONS:

1.  He served a period of qualifying service for award of the National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show these medals.

2.  His DD Form 214 shows the Armed Forces Expeditionary Medal for his service in Vietnam.  However, the governing awards regulation states, 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.  If the applicant wants the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal he may reapply to the Board. 

3.  During his assignment to the 178th Signal Company in Vietnam, his unit was cited for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 should be corrected to show this unit award.

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 the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 26 of his DD Form 214.   

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 Vietnam Service 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)                                         AR20110011105





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011105



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1