IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120012060 


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 his awards for service in Vietnam, his award of the Army Good Conduct Medal (AGCM), his "Combat Patch," and the fact that he completed the 12th grade of high school.

2.  The applicant states he believes he was awarded two medals when he left Vietnam.  He goes on to state he was awarded the AGCM, but it is not reflected on his DD Form 214.  He also states he was instructed to wear the U.S. Military Assistance Command, Vietnam (MACV) patch as his combat patch; however, he is not sure if it should be added to his DD Form 214.  He further states he completed the 12th grade through the education center when he was at Fort Bragg, NC, but it is not reflected on his DD Form 214.

3.  The applicant provides no additional documents with his application.

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 29 January 1962 for a period of 3 years and training as a general supply specialist.  He completed all of his training at Fort Ord, CA and he was transferred to Fort Bragg for his first duty assignment.

3.  He was transferred to Vietnam on 24 June 1963 and he was assigned to the 61st Aviation Company.  He departed Vietnam on 12 July 1964 for assignment to Fort Polk, LA, where he remained until he was honorably released from active duty (REFRAD) on 28 January 1965 at the expiration of his term of service.  He completed 3 years of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

	a.  item 10 (Highest Civilian Education Level Attained) the entry 11 years, and

	b.  item 26 (Decorations, Medals, Badges, Commendation, Citations and Campaigns Ribbons Awarded or Authorized) the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  General Orders Number 41, issued by the 98th Quartermaster Battalion, dated 30 December 1964, awarded him the AGCM (1st Award) for the period
29 January 1962 through 28 January 1965.

5.  His DA Form 24 (Service Record) shows he was awarded the Armed Forces Expeditionary Medal (AFEM) for his service in Vietnam.

6.  There is no evidence of record and he did not provide any evidence that shows he completed the required General Educational Development (GED) tests and received a Certificate of High School Equivalency or attained a high school diploma prior to his REFRAD.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges 


awarded during the Vietnam Conflict.  There is no evidence that the 61st Aviation Company, the unit to which the applicant was assigned to in Vietnam, was cited for any unit awards during his period of assignment.

8.  Paragraph 6d of this pamphlet further states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The National Defense Service Medal (NDSM) 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.

	b.  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.

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's assignment to Vietnam he participated in the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965).

	d.  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.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service (FWTS-SSI), commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AFEM for his service in Vietnam.  He was also awarded the AGCM (1st Award) for the period 29 January 1962 through    28 January 1965.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The applicant served during qualifying periods for awards of the NDSM and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his
DD Form 214 should be corrected to show these awards.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his
DD Form 214 should be corrected to show this unit award.

4.  However, there is no evidence in his official record and he did not provide any evidence that shows he competed his GED or that he attained a high school diploma prior to his REFRAD.  Therefore, in the absence of evidence to show otherwise, there is an insufficient evidentiary basis for granting this portion of his request.

5.  The FWTS-SSI or "Combat Patch" is a uniform item of wear and not a decoration.  Accordingly, there is no basis adding the FWTS-SSI to his DD Form 214.

6.  The applicant is advised that if he desires the Vietnam Service Medal with one bronze service star in lieu of the AFEM, he can reapply to this Board requesting further correction of his DD Form 214 by removing the AFEM and adding the Vietnam Service Medal with one bronze service star.



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 to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correcting his DD Form 214 to show he completed his GED or 12 years of civilian education and adding his FWTS-SSI 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)                                         AR20120012060



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ABCMR Record of Proceedings (cont)                                         AR20120012060



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