IN THE CASE OF:	  

		BOARD DATE:  4 December 2012

		DOCKET NUMBER:  AR20120004140 


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 his service in South Vietnam from approximately May 1961 to January 1962 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 May 1962.

2.  The applicant states he served with the U.S. Army Security Agency on a classified mission assigned to the U.S. Military Assistance and Advisory Group to Vietnam.  He should be eligible for the Vietnam Expeditionary Award (determined to be the Armed Forces Expeditionary Medal) or any medal awarded to servicemen who served in Vietnam during that time frame. 

3.  The applicant provides his:

* DD Form 214
* passport and visa

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.  He enlisted in the Regular Army on 20 April 1959 for a period of 3 years.  

3.  His DA Form 24 (Service Record) provides the following information:

	a.  Section 4 – (Chronological Record of Military Service) shows he was assigned on temporary duty to the 3rd Radio Research Unit (RRU) in Vietnam from 10 May 1961 to 15 January 1962, a period of 8 months and 6 days.

	b.  Section 5 – (Service Outside Continental United States) shows he arrived in Saigon, Vietnam on 10 May 1961 and departed Saigon on 16 January 1962 for the United States.

	c.  Section 9 – (Medals, Decorations, and Citations) shows he was awarded the:
		(1)  Marksman Marksmanship Qualification Badge with Rifle Bar (M1)

		(2)  Marksman Marksmanship Qualification Badge with Carbine Bar (M2)

4.  Department of the Army General Orders Number 22, dated 14 May 1963, awarded, by the direction of the Secretary of the Army, the 3rd RRU the Meritorious Unit Commendation for the period 13 May 1961 to 31 December 1962.

5.  On 10 May 1962, he was released from active duty.  He completed 3 years and 21 days of active service that was characterized as honorable.  His 
DD Form 214 does not show he was awarded or authorized any awards.

6.  There is no evidence he received his first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

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

	a.  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.  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.

   b.  The National Defense Service Medal is awarded for honorable active service for any period from 1 January 1961 through 14 August 1974.  

   c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  

8.  Army Regulation 635-5 (Separation Documents) currently provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show, during the period he was assigned, his unit was awarded the Meritorious Unit Commendation.  Therefore, it is appropriate to add this award to his DD Form 214.

2.   Based on his service in the Republic of Vietnam he is authorized the following awards and they should be added to his DD Form 214:

* Army Forces Expeditionary Medal (Vietnam)
* Republic of Vietnam Campaign Medal with Device (1960)

3.  Upon request, he may be authorized the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal for his Vietnam service.  However, the regulation requires that the Armed Forces Expeditionary Medal would then be removed from his records.  No person is entitled to both awards for Vietnam service.

4.  His service qualifies him for the National Defense Service Medal.  Therefore, this award should be added to his DD Form 214.

5.  His military records do not show indiscipline or lost time, and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 20 April 1959 to 19 April 1962. 

6.  His DA Form 24 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars.  It is appropriate to add this badge with bars to his DD Form 214.

7.  Current regulations provide for an entry on the DD Form 214 showing the deployments the Soldier completed during his service.  Therefore, it would be appropriate to add the following entry in item 32 (Remarks) of his DD Form 214:

Service in Vietnam:  19610510 - 19620115

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.  awarding him the Army Good Conduct Medal for the period of service from 20 April 1959 to 19 April 1962;



	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal
* Meritorious Unit Commendation (Army)
* Army Forces Expeditionary Medal (Vietnam)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle and Carbine         Bars

	c.  adding in item 32 of his DD Form 214 the entry:  Service in Vietnam:  19610510 - 19620115




      _______ _  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)                                         AR20120004140



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ABCMR Record of Proceedings (cont)                                         AR20120004140



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