BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011802
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 reconsideration of his earlier request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in Vietnam. As a new issue, he requests award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal (AFEM).
2. He states he has been denied benefits because his DD Form 214 doesn't show service in Vietnam.
3. He provides a letter, dated 29 May 2012, from the Army Review Boards Agency, Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 22 February 2012, and a Department of Veterans Affairs (VA) Form 21-4138, dated 4 April 2012.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20110017257 on 22 February 2012.
2. The applicant has provided a new argument that will be considered by the Board.
3. The applicant enlisted in the Regular Army on 27 August 1962 and upon completion of initial entry training he was awarded military occupational specialty 72B (Communications Center Specialist).
4. Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 3 March 1963 to 12 April 1964. Item 29 also shows service in Thailand.
5. He was honorably released from active duty on 16 August 1965. His DD Form 214 shows in:
a. item 24c (Foreign and/or Sea Service) he served 1 year and
8 months of foreign and/or sea service.
b. item 24c the entry "USARPAC" (U.S. Army Pacific Command).
c. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the AFEM.
d. item 32 (Remarks) no entry indicating he completed any foreign service.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time directed that the total active duty outside the continental United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed would be entered in item 24c. This regulation did not provide instructions to record Vietnam service in item 32.
7. 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 Vietnam Service Medal 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.
8. Army Regulation 600-8-22 states that a bronze service star is authorized with award of the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965) campaign.
DISCUSSION AND CONCLUSIONS:
1. Item 29 of the applicant's DA Form 20 shows he served in Vietnam from 3 March 1963 to 12 April 1964.
2. He was issued a DD Form 214 which shows he completed 1 year and 8 months of foreign service in Vietnam and Thailand. However, item 32 of his DD Form 214 does not show his service in Vietnam.
3. Although the governing regulation in effect at the time did not provide instructions to record Vietnam service in item 32 of the DD Form 214, there is no harm in adding his service in Vietnam from 3 March 1963 to 12 April 1964 to his DD Form 214.
4. The applicant was advised that based on his award of the AFEM, he could apply to this Board for award of the Vietnam Service Medal in lieu of the AFEM. The applicant has applied for award of the Vietnam Service Medal. Therefore, it would be appropriate to amend his DD Form 214 to reflect the Vietnam Service Medal with one bronze service star.
BOARD VOTE:
__x__ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for full relief.
2. In regard to the request for reconsideration, the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20110017257, dated 22 February 2012. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by amending item 32 to add the entry "Vietnam: 3 March 1963 to 12 April 1964."
3. In regard to the new issue, the Board recommends that the DD Form 214 of the individual concerned be corrected by:
a. deleting the AFEM from item 26; and
b. amending item 26 to add award of the Vietnam Service Medal with one bronze service star.
_______ _ 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) AR20120011802
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