IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011055
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 the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.
2. He states he served in Vietnam in May 1965.
3. He 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 applicants 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 applicants 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 28 March 1964 for a period of
3 years. He served in Vietnam from 13 May 1965 to 12 May 1966. He was honorably released from active duty on 27 March 1967.
3. His DD Form 214 does not show award of the AFEM. However, it does show the award of the Vietnam Service Medal (VSM).
4. There is no entry in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) showing he was awarded the AFEM.
5. On 17 December 2012, the analyst attempted to notify the applicant at the telephone numbers listed on his application, to no avail.
6. Army Regulation 600-8-22 (Military Awards) states the AFEM 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 AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the VSM may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual. No person will be entitled to both awards for Vietnam service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed a qualifying period of service in the Republic of Vietnam for which he was awarded the VSM. Army Regulation 600-8-22 states the AFEM was awarded for service in the Republic of Vietnam from 1 July 1958 and 3 July 1965. Additionally, this regulation states the VSM and the AFEM may not be awarded for the same period of Vietnam service. Therefore, the applicant's record is correct as constituted.
2. In view of the foregoing, there is no basis for granting the applicant's requested relief
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20120011055
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120011055
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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