IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20120022638
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 award of the Vietnam Service Medal (VSM) in lieu of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he needs the VSM listed on his DD Form 214 in order to update from "group 8" to "group 6."
3. The applicant provides reassignment orders, copies of his official U.S. Passport, and endorsements, subject: Request for MP [military police] training on return to CONUS [continental United States].
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 5 September 1962.
3. Section 5 (Service Outside CONUS) of his DA Form 24 (Service Record) shows he served in Vietnam from 23 February 1963 to 31 January 1964.
4. He was released from active duty on 3 September 1965. His DD Form 214 shows he was awarded or authorized the Army Good Conduct Medal, AFEM, and the Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The VSM 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. A bronze service star will be awarded for wear on the VSM for participation in each campaign. During his service in Vietnam, he participated in the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965).
b. Service members who earned the AFEM for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the VSM instead of the AFEM. However, no service member may be issued both medals for service in Vietnam.
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.
6. 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. 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 request for correction of his DD Form 214 to show the VSM in lieu of the AFEM has been carefully reviewed.
2. Evidence shows he served in Vietnam during the period 23 February 1963 to 31 January 1964 and that he was awarded the AFEM for this service. Additionally, he participated in one campaign phase during his Vietnam service. Therefore, he is authorized the VSM with one bronze service star in lieu of the AFEM and correction of his DD Form 214 to show this award.
3. He served a period of qualifying service for awards of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). These awards should be added to his DD Form 214.
4. All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award should also be added to his DD Form 214.
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. deleting from his DD Form 214 the Armed Forces Expeditionary Medal and
b. adding to his DD Form 214 the following:
* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
_______ _ __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) AR20120022638
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022638
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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