BOARD DATE:	  6 August 2013

		DOCKET NUMBER:  AR20120022956 


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 Vietnam Service Medal (VSM) with the appropriate bronze service stars in lieu of the Armed Forces Expeditionary Medal (AFEM), Republic of Vietnam Campaign Medal with Device Medal (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal, and the Combat Infantryman Badge (CIB).

2.  The applicant states:

* it is his preference to have the VSM with proper bronze service stars as opposed to the AFEM
* he also desires the Republic of Vietnam Campaign Medal with Device (1960)
* upon arrival and when he left Vietnam, they were in a full-scale war, nothing expeditionary about it
* he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation along with the Army Good Conduct Medal and maybe a host of other unit citations
* he held military occupational specialty (MOS) 11B (light weapons infantryman) and he was involved in hostile activities with the enemy; therefore, he should have been awarded the CIB


3.  The applicant provides a copy of 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 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's military records are not available for review.  However, this case is being considered using reconstructed records that primarily consist of the DD Form 214.

3.  His DD Form 214 shows he enlisted in the Regular Army on 2 April 1964 for a period of 3 years in the rank/grade of private (PV1)/E-1.  He was awarded MOS 11B.  He was honorably released from active duty (REFRAD) on 31 March 1967 at the expiration of his term of service in the permanent rank of specialist four (SP4)/E-4 after completing 2 years, 11 months, and 29 days of total active service.

4.  His DD Form 214 also shows:

* his rank/grade at the time of entry into active service was PV1/E-1
* he served 1 year in USARPAC (U.S. Army Pacific)
* the AFEM and the National Defense Service Medal as authorized awards
* he had no time lost

5.  His inclusive dates of service in Vietnam are not known.

6.  There are no orders for the Army Good Conduct Medal or CIB in the available records.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states Department of the Army 


General Order 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.

8.  Army Regulation 600-8-22 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.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

10.  Army Regulation 600-8-22 states 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.  

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

12.  Army Regulation 600-8-22 states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must 
have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the CIB was authorized for award to officers, enlisted personnel, and warrant officers who held an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received the AFEM for his service in Vietnam.  Per his request, the VSM should be awarded in lieu of the AFEM.  Since his inclusive dates of service in Vietnam are not known, it cannot be determined how many campaigns he participated in; however, he would have participated in at least one campaign.  Therefore, the AFEM should be removed from his DD Form 214 and replaced with the VSM with one bronze service star.

2.  He served a period of qualifying service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

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

4.  Although all of the applicant's military records are not available for review, his
DD Form 214 shows he was honorably REFRAD in the permanent rank/grade of SPC/E-4 after completing almost 3 years of active service with no time lost.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 2 April 1964 through 31 March 1967 based on completing a period of qualifying service ending with the termination of active 
Federal military service.  Therefore, he should be awarded the Army Good 
Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He contends he held MOS 11B and was involved in hostile activities with the enemy in Vietnam.  However, there is no evidence and he did not provide any evidence that shows he was recommended for or awarded the CIB during his period of service.  There is also no evidence that shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Regrettably, there is an insufficient evidentiary basis for granting this portion of his request.
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.  deleting from his DD Form 214 the entry "Armed Forces Expeditionary Medal";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 April 1964 through 31 March 1967; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* 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 adding the CIB 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)                                         AR20120022956



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ABCMR Record of Proceedings (cont)                                         AR20120022956



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