BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20130021609 


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 award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and conversion of his award of the Armed Forces Expeditionary Medal to the Vietnam Service Medal.

2.  The applicant states he was authorized award of the Armed Forces Expeditionary Medal but never received it.  That medal was supplanted by the Vietnam Service Medal and he wishes to be awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.  He is also entitled to the Republic of Vietnam Campaign Medal and the National Defense Medal.  He never received any of the above awards.

3.  The applicant provides copies of –

* a DA Form 20 (Enlisted Qualification Record)
* a DA Form 24 (Service Record) 
* a DD Form 214 (Report of Transfer or Discharge)
* a letter from the Defense Finance and Accounting Service (DFAS)
* 18 DA Forms 2139 (Military Pay Voucher)

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 Regular Army on 16 April 1962, completed training, and was awarded the military occupational specialty 341 (Teletype Equipment Repairman).

3.  His DA Form 24 shows –

* promotion to specialist five (SP5), E-5
* conduct and efficiency ratings of exclusively “excellent”
* award of the Armed Forces Expeditionary Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* service in Vietnam from 26 February 1963 through 6 February 1964 with Headquarter Detachment, U.S. Army Support Group, Vietnam

4.  He was honorably released from active duty on 15 April 1965.  His DD Form 214 lists his awards as only the Armed Forces Expeditionary Medal.

5.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

6.  Department of the Army General Orders (DAGO) 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to the Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

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 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.  



8.  Army Regulation 600-8-22 (Military Awards) provides the following:

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

   b.  The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  

   c.  Individuals qualified for the Armed Forces Expeditionary Medal for reason of service in Vietnam between 1 July 1958 and 3 July 1965 shall remain qualified for that medal.  Upon request any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  In such instances, the Armed Forces Expeditionary will be deleted from the list of authorized medals in personnel records.  No person will be entitled to both awards for Vietnam service. 

   d.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he is shown to have participated during the Vietnam Advisory Campaign, 15 March 1962 – 7 March 1965.

   e.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 16 April 1962 through 15 April 1965 and include it on his DD Form 214.


2.  With the creation of the Vietnam Service Medal, Soldiers previously authorized the Armed Forces Expeditionary Medal for service in Vietnam are permitted to request award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.  It is appropriate to honor the applicant's request for this award conversion. 

3.  The applicant served in Vietnam during one campaign period.  With his award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, this award should be shown on his DD Form 214 as the Vietnam Service Medal with one bronze service star.

4.  The applicant served during a period for which the National Defense Service Medal is authorized.  It is appropriate to award the applicant this medal and include it on his DD Form 214.

5.  Additionally, the applicant is also authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It is appropriate to include these awards on his DD Form 214.

6.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214.  It is appropriate to correct this oversight.

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.  awarding him the Good Conduct Medal for his period of service from 16 April 1962 through 15 April 1965, and

	b.  adding to his DD Form 214 the –

* Good Conduct Medal
* National Defense Service Medal
* 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 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      _______ _   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)                                         AR20130021609



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ABCMR Record of Proceedings (cont)                                         AR20130021609



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