IN THE CASE OF: 

		BOARD DATE:	    8 May 2014

		DOCKET NUMBER:  AR20130016145 


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 his service in Vietnam and associated awards.  He also requests award of the Army Good Conduct Medal and Meritorious Unit Commendation.

2.  The applicant states he was denied veterans' benefits because the Phoenix Department of Veterans Affairs Health Care Facility didn't see "Vietnam" entered on his DD Form 214.

3.  The applicant 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 20 June 1961, he enlisted in the Regular Army.

3.  He was assigned to the 362nd Signal Company, 39th Signal Battalion, in the Republic of Vietnam from 27 April 1963 to 7 April 1964.

4.  On 9 April 1964, he was released from active duty.  He completed 2 years, 9 months, and 20 days of active service that was characterized as honorable.

5.  His DD Form 214 shows he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine and Submachine Gun Bars
* Armed Forces Expeditionary Medal

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

7.  In an email, dated 28 April 2014, the applicant elected to have the Armed Forces Expeditionary Medal removed from his DD Form 214 and replaced with the Vietnam Service Medal for his service in Vietnam.

8.  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 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

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

	a.  The National Defense Service Medal was awarded for honorable active service 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.  Individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 to 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 Armed Forces Expeditionary Medal must be removed from the records of the individual. 
No person will be entitled to both awards for Vietnam service.

	c.  The Vietnam Service Medal was 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.  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).

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.

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

	a.  During the applicant's assignment to the 362nd Signal Company, the unit was awarded the Meritorious Unit Commendation for the period February 1962 to June 1965.

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Interim Change Number 11 to Army Regulation 635-5 (Separation Documents), dated 26 January 1970, stated the inclusive dates of service in Vietnam during the current period of service would be entered in the remarks block of the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline or lost time and he received "excellent" conduct and efficiency ratings throughout his military service.  Therefore, the preponderance of evidence shows the applicant should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 20 June 1961 to 9 April 1964.

2.  Based on his dates of service, he is authorized award of the National Defense Service Medal.

3.  Based on his service in Vietnam, he is authorized award of the Armed Forces Expeditionary Medal; however, he elected award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.  He also participated in one campaign during his service in Vietnam.  Therefore, the Armed Forces Expeditionary Medal should be removed from his DD Form 214 and replaced with the Vietnam Service Medal with one bronze service star.

4.  Based on his service in Vietnam, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960).

5.  Based on his service with the 362nd Signal Company, he is authorized award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  At the time of his discharge there were no provisions for entering his dates of service in Vietnam on his DD Form 214.  However, there would be no harm to the Army or the applicant if his Vietnam service is now added to his DD Form 214.  Therefore, the following entry should be added to the remarks block of his DD Form 214:  "Vietnam service – 27 April 1963-7 April 1964."

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for service from 20 June 1961 to 9 April 1964; and

	b.  amending his DD Form 214 for the period ending 9 April 1964 by:

		(1)  deleting award of the Armed Forces Expeditionary Medal and adding the following awards:

* Army Good Conduct Medal (1st Award)
* 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

		(2)  adding the following entry to the remarks block:  "Vietnam Service – 27 April 1963-7 April 1964."



      __________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)                                         AR20130016145



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ABCMR Record of Proceedings (cont)                                         AR20130016145



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