IN THE CASE OF:	  

		BOARD DATE:	    14 November 2013

		DOCKET NUMBER:  AR20130006375 


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 (Report of Transfer or Discharge) to show service in Vietnam and award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he served in Vietnam for a year, but his DD Form 214 does not show this.  (He confirmed in a subsequent telephone call that he wanted the Vietnam Service Medal rather than the Armed Forces Expeditionary Medal shown on his DD Form 214.)

3.  The applicant provides copies of his DD Form 214 and sections 1, 2, and 5 through 9 of his DA Form 24 (Service Record). 

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  However, sufficient information is available to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 27 November 1962.  Section 2 of his DA Form 24 shows he completed training as an aviation mechanic and was stationed at Fort Eustis, Virginia until December 1963 when he was transferred to Vietnam where he served with the 611th Transportation Company.  

4.  Section 5 of the DA Form 24 shows he arrived in Vietnam on 4 December 1963 and departed on 13 December 1964 and subsequently served in Germany.

5.  Section 9 lists his awards as the Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and the Armed Forces Expeditionary Medal.

6.  His DD Form 214 lists his authorized awards as the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

	b.  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 individual's record.  No service member may be issued both medals for service in Vietnam 

	c.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Qualifying campaign periods for service stars include the Vietnam Advisory Campaign from 15 March 1962 through 7 March 1965.




	d.  The Republic of Vietnam (RVN) 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. 

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 611th Transportation Company was authorized the Meritorious Unit Commendation for the period October 1964 through December 1966 by Department of the Army General Order (DAGO) Number 48 of 1968 and the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8 of 1974. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Armed Forces Expeditionary Medal for service in Vietnam and is qualified for the Vietnam Service Medal.  However, he cannot be authorized both.  He indicated he preferred to have the Vietnam Service Medal listed on his DD Form 214.

2.  He is entitled to one bronze service star on the Vietnam Service Medal.

3.  He is also authorized the National Defense Service Medal and the RVN Campaign Medal with Device (1960).

4.  His unit was authorized the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 currently lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  There is no available evidence that the applicant qualified as a sharpshooter with the rifle.  That entry is apparently a garbled reference to his two documented qualifications of expert with the rifle and sharpshooter with the carbine.  The Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar as shown in section 9 of his Service Record are apparently correct.

6.  The above awards should be shown on 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 the entries shown in item 32 of his DD Form 214, and 

	b.  issuing him a DD Form 215 (Correction to DD Form 214) showing his authorized awards as the:

* Good Conduct Medal
* 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
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar





      __________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)                                         AR20130006375





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ABCMR Record of Proceedings (cont)                                         AR20130006375



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