IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022077 


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 following awards:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states:

* he was recently in contact with a friend who served with him in the 178th Signal Corp in Qui Nhon, Vietnam, in 1963 through 1964
* his friend told him he received the above-mentioned awards
* on 15 November 2012, he was informed that no records could be found showing he was authorized the requested awards
* he does not understand why his friend is authorized the requested awards and he is not when they both were in the same unit at the same time

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 24 October 1973
* 
his friend's DD Form 215, dated 8 June 2011

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 Army on 8 March 1963.  He arrived in Vietnam on 15 October 1963 and he was assigned to the 178th Signal Company (Support), 39th Signal Battalion.  He participated in the Vietnam Advisory Campaign, which extended from 15 March 1962 through 7 March 1965.

3.  On 4 October 1964, the applicant departed Vietnam en-route to the United States.  He was released from active duty on 7 March 1966.  His DD Form 214 shows he was awarded the Good Conduct Medal and the Armed Forces Expeditionary Medal.

4.  On 24 October 1973, the applicant was issued a DD Form 215 by the Adjutant General, which deleted the Armed Forces Expeditionary Medal from his DD Form 214 and awarded him the Armed Forces Expeditionary Medal (Vietnam).

5.  The applicant provides a copy of a DD Form 215 issued to one of his "friends" showing all of the awards he is currently requesting.

6.  Army Regulation 600-8-22 (Military Awards) states:

	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.  It states 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.  On 27 June 2013, the applicant informed the Board analyst he would prefer the Vietnam Service Medal.

	b.  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.

	c.  The National Defense Service Medal 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.

	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.  Qualifying service included assignment in Vietnam for 6 months or more.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period February 1962 to June 1965 by Department of the Army General Order (DAGO) Number 3, dated 1966.

8.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows he is authorized only one award of the Meritorious Unit Commendation based on DAGO Number 3, dated 1966.

3.  The Republic of Vietnam Gallantry Cross was awarded to all units that served in Vietnam and the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  The applicant is authorized the National Defense Service Medal based on his honorable service from 8 March 1963 through 7 March 1966.  

4.  The applicant was awarded the Armed Forces Expeditionary Medal based on his service in Vietnam.  He is now requesting correction of his DD Form 214 to show he is authorized the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.  Therefore, the DD Form 215 that he was issued on 
24 October 1973 should be voided.

5.  The applicant's DD Form 214 should then be amended by deleting the Armed Forces Expeditionary Medal and adding the following authorized awards:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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:

	a.  Voiding his DD Form 215, dated 24 October 1973.

	b.  Issuing him a new DD Form 215 deleting the Armed Forces Expeditionary Medal from his DD Form 214 and adding the following awards:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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 amending his DD Form 214 to show the Meritorious Unit Commendation (2nd Award).




      ____________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)                                         AR20120022077





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ABCMR Record of Proceedings (cont)                                         AR20120022077



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