IN THE CASE OF:
 
		BOARD DATE:	    10 June 2014

		DOCKET NUMBER:  AR20130016593 


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 addition of the Vietnam Service Medal (VSM) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 March 1965 (hereafter referred to as his DD Form 214).

2.  The applicant states the Department of Veterans Affairs Hospital in Albany, NY stated his DD Form 214 should show the VSM in order for him to get benefits.

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 11 March 1960, with prior service, the applicant enlisted in the Regular Army.

3.  On 15 March 1962, he enlisted for 3 years.  The highest rank he held was specialist five/pay grade E-5.

4.  His DA Form 20 (Enlisted Qualification Record) shows in item 29 (Foreign Service) he was credited with service in Vietnam from 27 October 1964 to 
4 March 1965.

5.  His DA Form 24 (Service Record) shows in Section 4 (Chronological Record of Military Service) he was assigned to Signal Company, 5th Special Forces Group (Airborne), 1st Special Forces in Vietnam during the period 31 October 1964 to 28 February 1965.  Section 10 of this form contains the entry “Awards from Prior Service, AFEXPM.”

6.  On 4 March 1965, he was honorably discharged after completion of a total of 6 years, 9 months, and 20 days of creditable active service.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* Parachutist Badge
* AFEM
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Army Regulation  600-8-22 (Military Awards) states the VSM 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.  A bronze service star will be awarded for wear on the VSM for participation in each campaign.  Service members who earned the AFEM for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the VSM instead of the AFEM.  However, no service member may be issued both medals for service in Vietnam.  His service in Vietnam coincided with the Vietnam Advisory Campaign (15 March 1962 through 7 March 1965).

8.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

9.  Army Regulation 600-8-22 states 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.

10.  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 the 5th Special Forces Group (Airborne), 1st Special Forces was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1964 through 17 May 1969 by Department of the Army General Orders Number 59, dated 1969.

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The version of this regulation in effect at the time did not provide for an entry specifying an individual had served in Vietnam.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in the remarks section of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam – 25 Apr 71 thru 28 May 71, Indochina – Yes, Korea – No."

DISCUSSION AND CONCLUSIONS:

1.  Based on the entry on his DA Form 214, it appears he was authorized the AFEM for a period of prior service.  Evidence also shows he was authorized the AFEM for his service in Vietnam.  He requests award of the VSM for his service in Vietnam.  Therefore, it would be appropriate to add the VSM with one bronze service star to his DD Form 214 in lieu of a second award of the AFEM.

2.  His record shows his service met the criteria for award of the NDSM.  Therefore, he is entitled to have the NDSM added to his DD Form 214.

3.  The unit he was assigned to while in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to that unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  When the applicant was released from active duty in 1965, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks section of the form.  Therefore, there would be no harm in adding to item 32 (Remarks) of his DD Form 214 the entry:  "Vietnam – 27 October 1964 – 4 March 1965.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 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.  adding the VSM with one bronze service star, NDSM, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the priod ending 4 March 1964 and;

	b.  adding the following entry to item 32 of his DD Form 214:  "Vietnam – 27 October 1964 – 4 March 1965."



									       ________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)                                         AR20130016593



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ABCMR Record of Proceedings (cont)                                         AR20130016593

	

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