BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016833 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Vietnam Service Medal and any other awards he is entitled to receive for his service in Vietnam. 

2.  The applicant states, in effect, that he served in Vietnam and he should be entitled to additional awards for that service.

3.  The applicant provides a letter from a service organization and a 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 10 January 1961, the applicant enlisted in the Regular Army for a period of 3 years.  He completed the training requirements and he was awarded military occupational specialty 631.10 (Wheel Vehicle Mechanic).

3.  On 11 September 1961, he was transferred to Hawaii where he remained until he was transferred to Vietnam on 15 May 1963.  He was assigned to the U.S. Army Support Group – Vietnam.

4.  He departed Vietnam on 6 December 1963 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee on 9 December 1963.  He had served 2 years and 11 months of active service of which 6 months and 22 days was served in Vietnam.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Armed Forces Expeditionary Medal (AFEM) (Vietnam), 1-Year Safe Driver Badge with Driver Bar, and the Basic Missileman Badge.

5.  Army Regulation 600-8-22 (Military Awards) 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.

6.  Army Regulation 600-8-22 states the AFEM 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 AFEM 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 AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

7.  Army Regulation 600-8-22 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.  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 Vietnam Service Medal 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 Vietnam Service Medal instead of the AFEM.  However, no service member may be issued both medals for service in Vietnam.  

8.  Army Regulation 600-8-22 states 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.  

9.  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 his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AFEM for his service in Vietnam and thus is not entitled to award of the Vietnam Service Medal (VSM) unless he requests in writing to exchange the AFEM for the VSM.

2.  However, the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and the National Defense Service Medal and is entitled to have those awards entered on his 
DD Form 214.

3.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit; therefore, he is entitled to have that award added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X______  _X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Vietnam Service Medal to his DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20130016833



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ABCMR Record of Proceedings (cont)                                         AR20130016833



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