BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130015259 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam (RVN) Campaign Medal with Device (1960), Vietnam Service Medal, and issuance of these medals. 

2.  He states, in effect, he was never issued the above medals.  He spent one year in Vietnam from February 1963 to February 1964.  

3.  He provides 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.  On 30 April 1962, the applicant enlisted in the Regular Army.  

3.  A DA Form 24 (Service Record) shows in:

* Section 2 (Chronological Record of Military Service), he received "excellent" efficiency ratings with the exception of two periods for which he received "good (academic)" ratings and all "excellent" conduct ratings
* Section 2, he was assigned to the 98th Transportation Detachment from 7 March 1963 to 5 February 1964
* Section 5 (Service Outside Continental United States), he arrived in Vietnam on 2 March 1963 and departed on 6 February 1964

4.  On 29 April 1965, he was honorably released from active duty in the rank/pay grade of specialist five (SP5)/E-5.  His DD Form 214 shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar and the Armed Forces Expeditionary Medal (Vietnam).  

5.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 

	a.  Paragraph 2-10 states the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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.  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.  

	c.  A bronze service star is worn on the VSM for each credited campaign listed in appendix B.  The applicant's service in Vietnam coincided with the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965).  

	d.  Paragraph 9-13 states the 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.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

8.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has requested, in effect, award of the Vietnam Service Medal and issuance of this medal.  His service in Vietnam meets the criteria for this award.  He was previously awarded the Armed Forces Expeditionary Medal for his service in Vietnam; however, based on his request, it would be appropriate to correct his DD Form 214 by deleting the Armed Forces Expeditionary Medal and adding the Vietnam Service Medal with one bronze service star.

2.  He completed a period of service in Vietnam that met the eligibility requirements for the RVN Campaign Medal with Device (1960).  He is entitled to correction of his DD Form 214 to show this award.

3.  His conduct and efficiency ratings were "excellent," with the exception of two "good" academic ratings, and he was promoted to SP5/E-5.  There is no evidence of misconduct in his record.  In view of the available evidence, it would appropriate to award him the Army Good Conduct Medal (1st Award) for his 
3-year period of active duty service from 30 April 1962 to 29 April 1965 and to correct his DD Form 214 to show this award.

4.  He served honorably on active duty during a period of eligibility for the National Defense Service Medal.  He is entitled to correction of his DD Form 214 to show this award.

5.  He served in a subordinate unit of the U.S. Military Assistance Command during a period for which the command and its subordinate units were cited for award of the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 to show this unit 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:

	a.  deleting from his DD Form 214 the entry "AFEXPM (Vietnam)"; 

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 30 April 1962 to 29 April 1965; and 

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation

	d.  issuing the above awards to him.  



      _______ _  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)                                         AR20130015259



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ABCMR Record of Proceedings (cont)                                         AR20130015259



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