IN THE CASE OF:	  

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130009193 


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 add the Meritorious Unit Commendation, the Republic of Vietnam Campaign Medal with Device (1960), and to replace the Armed Forces Expeditionary Medal with the Vietnam Service Medal.

2.  The applicant states his DD Form 214 is incorrect in that the Republic of Vietnam Campaign Medal and the Meritorious Unit Commendation are not listed. His assignment to the 232nd Signal Company, 39th Signal Battalion entitles him to award of the Meritorious Unit Commendation for service from February 1962 to June 1965.

3.  The applicant provides three extracts from Special Orders (SO) Number 11, dated 11 February 1963 and 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 enlisted in the U.S. Army Reserve (USAR) and entered active duty on 22 June 1961.  He held military occupational specialty 723.18 (Communication Center Specialist).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  His DA Form 24 (Service Record) shows he entered active duty on 22 June 1961.  He was assigned to Vietnam from 16 March 1962 to 14 April 1963 and served with:

* U.S. Army Element Military Assistance Advisory Group from 16 March 1962 to 31 December 1962
* Headquarters and Headquarters Detachment, 39th Signal Battalion from 
1 January 1963 to 10 April 1963

4.  He was honorably released from active duty on 7 June 1963.  His DD Form 214 shows he completed 1 year, 11 months, and 16 days of net active service, of which 1 year, 1 month, and 1 day were credited as foreign service in Vietnam.  His DD Form 214 also shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Armed Forces Expeditionary Medal.

5.  He provided SO Number 11, issued by the 39th Signal Battalion, Vietnam, on 
11 January 1963.  These orders attached him to the 232nd Signal Company, Vietnam.

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

	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.  Additionally, 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.  This same regulation states a bronze service star is authorized with this award for each Vietnam campaign a member 

is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965).

	b.  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.  

	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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  Headquarters, U.S. Army Military Assistance Command and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Order (DAGO) Number 8, dated 1974.

	b.  the 232nd Signal Company was cited for award of the Meritorious Unit Commendation for the period 1 February 1962 through 30 June 1965 by DAGO Number 3, dated 1966.  

8.  A review of his service records shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 22 June 1961 through 7 June 1963.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.




DISCUSSION AND CONCLUSIONS:

1.  His record shows he served in Vietnam between 16 March 1962 to 14 April 1963 and he participated in one campaign.  He was awarded the Armed Forces Expeditionary Medal vice the Vietnam Service Medal.  However, the governing Army regulation permits service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 to elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  Therefore, in accordance with his request, the Armed Forces Expeditionary Medal should be deleted from his DD Form 214 and replaced with the Vietnam Service Medal with one bronze service star.

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation during the period of his service; therefore he is entitled to correction of his DD Form 214 to add these unit awards.

3.  His period of service in Vietnam qualifies for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to add this award.

4.  His period of active service qualifies for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.

5.  The applicant served honorably during the period 22 June 1961 through 
7 June 1963.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
22 June 1961 through 7 June 1963
* deleting the Armed Forces Expeditionary Medal from his DD Form 214 and adding 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
* Meritorious Unit Commendation



      _____________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)                                         AR20130008303



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ABCMR Record of Proceedings (cont)                                         AR20130009193



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