BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130005190
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 award of the Vietnam Service Medal (VSM) in lieu of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he was not awarded the VSM because he was not covering the specific service eligibility period until after his discharge. He became aware of his eligibility for the VSM through an article in the American Legion magazine.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), relief from active duty orders, and U.S. Army Reserve discharge orders.
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. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based his DD Form 214.
3. His DD Form 214 shows:
a. He enlisted in the Regular Army for a period of three years on 21 April 1954.
b. His last duty assignment was U.S. Army Element Military Assistance Advisory Group (MAAG) Vietnam.
c. He served 2 years, 3 months, and 12 days of foreign/and/or sea service.
d. He was awarded the National Defense Service Medal and the Army Good Conduct Medal.
e. He was honorably released from active duty on 20 October 1958.
4. The specific dates of his service in Vietnam are not available.
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 one or more days with an organization participating in or directly supporting military operations.
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. Individuals qualified for the AFEM for service in Vietnam from 1 July 1958 to
3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the VSM may be awarded in lieu of the AFEM. No person will be entitled to both awards for Vietnam service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is authorized the VSM has been carefully considered.
2. Although the specific dates of his service in Vietnam are not available, his
DD Form 214 shows he served overseas for over two years and that his last duty assignment was U.S. Army Element MAAG Vietnam. It appears he met the eligibility criteria for the AFEM and therefore for the VSM. Therefore, it would be appropriate to correct his DD Form 214 by adding the VSM.
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 adding the Vietnam Service Medal 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) AR20130005190
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ABCMR Record of Proceedings (cont) AR20130005190
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