IN THE CASE OF:	  

		BOARD DATE:	    2 January 2014

		DOCKET NUMBER:  AR20130006797 


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 and/or Vietnam Campaign Medal.  

2.  The applicant states he completed 1 year and 4 days of foreign service in Vietnam.  He was in Pleiku at Camp Holloway, a combat zone.  His DD Form 214 fails to document either Vietnam award which in turn affects his eligibility for medical treatment and benefits.  He looked at the eligibility criteria and found it confusing.  He knows he was awarded the Armed Forces Expeditionary Medal; yet, a campaign star is authorized with the Vietnam Service Medal but not the Armed Forces Expeditionary Medal. 

3.  The applicant provides:

* DD Form 214, ending on 12 November 1965
* certificate and citation showing award of the Air Medal
* a photograph stapled to an internet printout
* an internet article about the attack on Camp Holloway
* pictures of "Hooches" and an airfield
* Honorable Discharge Certificate

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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 15 November 1962 and he held military occupational specialty 71H (Personnel Specialist).  

3.  Special Orders (SO) Number 10, issued by Headquarters, 4th Training Regiment, Fort Dix, NJ, on 14 January 1963, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).  

4.  He served in Vietnam from on or about 14 July 1963 to on or about 17 July 1964.  He was assigned to the 545th Transportation Detachment.  

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 12 November 1965.  He completed 2 years, 11 months, and 
28 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Armed Forces Expeditionary Medal
* Good Conduct Medal
* Air Medal

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

	b.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, campaign participation credit was authorized for the Vietnam Advisory Campaign, 15 March 1962 to 7 March 1965.

	c.  The Vietnam Campaign Medal, properly known as 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.

	d.  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.

	e.  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.

7.  Department of the Army General Orders (DAGO) 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to the following units:

* Headquarters, U.S. Military Assistance Command, Vietnam (MACV) and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam (USARV) and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served a qualifying period of service in Vietnam from on or about 14 July 1963 to on or about 17 July 1964 for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, his 
DD Form 214 should be corrected to show this award.  

3.  SO awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, MACV and USARV, and their subordinate units.   Therefore, his DD Form 214 should be corrected to show this unit award.

5.  With respect to the Vietnam Service Medal:

	a.  The evidence of record shows the applicant was awarded the Armed Forces Expeditionary Medal for his service in Vietnam.  By regulation, no person will be entitled to both awards for Vietnam service.  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.  

	b.  Although the applicant did not specifically request one award vice the other, he states in his application that he should be authorized the campaign star and that the omission of his Vietnam medals stands in the way of receiving medical benefits.  

	c.  It appears the applicant prefers the Vietnam Service Medal with any associated campaign stars vice the Armed Forces Expeditionary Medal.  As such, his DD Form 214 should be corrected accordingly.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

* deleting from his DD Form 214 the Armed Forces Expeditionary Medal
* adding to his DD Form 214 the:

* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* 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)                                         AR20130006797



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ABCMR Record of Proceedings (cont)                                         AR20130006797



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