IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110017500 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards to which he may be entitled.

2.  The applicant states:

	a.  Although he served proudly in Vietnam from 27 December 61 to 25 November 1962, the only award shown on his DD Form 214 is the Army Good Conduct Medal (AGCM);

   b.  A Soldier from his unit was the first killed in combat and he was also shot at while station in Da Nang, Vietnam.
   
   c.  The Veterans Administration (VA) awarded him a service connected disability and indicates he served in the peacetime Army.
   
   d.  His unit, the 3rd Radio Research Unit (RRU) was the first unit in Vietnam to receive the Meritorious Unit Citation (MUC).
   
3.  The applicant provides copies of:

* DD Form 214
* VA Rating Decisions dated 10 February 2010 and 7 June 2011
* Self-authored statement
* Travel Authorization
* Passport extracts 
* Vietnamese Driver's License
* News Article
* Vietnam History Webpage Document Extract

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 27 May 1960.  His DA Form 20 (Enlisted Qualification Record) includes an entry which shows he served in the Republic of Vietnam (RVN) from 6 January to 25 November 1962, while assigned with the 3rd RRU.

3.  Section 8 (Qualification in Arms) of his DA Form 20 shows he qualified "sharpshooter" with the M-1 rifle and "marksman" with the M2 carbine.

4.  On 27 May 1963, the applicant was honorably released from active duty after completing 3 years of active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the AGCM.  It does not include any other awards.

5.  The applicant provides a self-authored statement wherein he provides a list awards taken from "Medals of America."  The list consists of the following awards and he indicates he does not know what applies:

* Foreign Expeditionary Service Commemorative
* Republic of Vietnam Service Commemorative (1962 - 75)
* National Defense Service Medal (1961 -74)
* Armed Forces Expeditionary Medal (1962)
* U.S. Vietnam Service Medal (1965 - 1973)
* Republic of Vietnam Campaign Medal (1966)
* MUC

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

	a.  Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM).  It states it is awarded for honorable active service for the period 1 January 1961 through 14 August 1974.

   b.  Paragraph 2-13 contains guidance on the Vietnam Service Medal (VSM).  It is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.

	c  Paragraph 2-12 contains guidance on the Armed Forces Expeditionary Medal (AFEM).  It is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  Service members who earned the AFEM for service in Vietnam 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 Vietnam.

	d.  Paragraph 9-13 contains guidance on award of the RVN Campaign Medal with Device (1960) (RVNCM).  It states it is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

7.  Department of the Army General Order (GO) Number (#) 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC) to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It does not show the applicant's unit (3rd RRU) was awarded the MUC for the period 12 May 1961 through 31 December 1961, in Department of the Army, GO #22, dated 1963.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all awards to which he may be entitled.

2.  The evidence of record confirms the applicant's qualifying period of honorable service from 28 May 1960 to 27 May 1963, satisfies the regulatory criteria necessary for the award of the NDSM.  As a result, this award should be added to his DD Form 214 at this time.

3.  The evidence of record confirms that based on the applicant's service in the RVN from 6 January through 25 November 1962, he is entitled to AFEM.  By regulation, Soldiers who received the AFEM between 1 July 1958 and 3 July 1965, may elect to receive the VSM instead of the AFEM, however, no one will be entitled to both awards.  The VSM did not exist during the applicant's military service and therefore, his record should be corrected to show his entitlement to the AFEM.  However, if the applicant now prefers the VSM, he may submit another application requesting this award.

4.  Based on his service in the RVN, he is entitled to the MUC, RVNGC, and RVNCM.  Accordingly, his DD Form 214 should be corrected to include these awards.

5.  His DA Form 20 confirms his weapons qualification entitles him to the Sharpshooter Marksman Qualification Badge with (M-1) Rifle Bar and the Marksman Marksmanship Qualification Badge with (M-2) Carbine Bar.  As a result these badges should also be added to his DD Form 214.

6.  The commemorative medals or awards that the applicant requested are not governed by Army Regulation 600-8-22 (Military Awards).  These medals are made available by commercial resources, and because they are not governed by the applicable regulation, the medals are not shown on a discharge document or in a Soldier's military record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the following awards to item 26 of his DD Form 214:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar
* Marksman Marksmanship Qualification Badge with Carbine (M-2) Bar

	b.  issuing a correction to his DD Form 214 to reflect these changes.

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 awarding the applicant any commemorative medals.



      _______ _  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)                                         AR20110017500





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ABCMR Record of Proceedings (cont)                                         AR20110017500



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