BOARD DATE:	 31 July 2014 

		DOCKET NUMBER:  AR20130021862 


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 his service in Vietnam.

2.  The applicant states he served in Vietnam from February 1962 to January 1963.  He was stationed in Saigon and was attached to STARCOM with duty with the Air Force.  He is being denied benefits that he otherwise could receive if his service in Vietnam was reflected on his DD Form 214.

3.  The applicant provides a copy of 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.  He enlisted in the Regular Army on 5 February 1962 for a period of 3 years and training as a Crypto Equipment Repairman.  

3.  He was transferred to Vietnam on 3 March 1963 and was assigned to STARCOM in Saigon.  He departed Vietnam on 12 January 1964 and was transferred to a missile battalion in Cleveland, Ohio where he remained until he was honorably released from active duty (REFRAD) in the pay grade of E-5 on   1 March 1965 due to the expiration of his term of service (ETS).  He had served 3 years and 26 days of active service and was awarded the Armed Forces Expeditionary Medal.  His DD Form 214 issued at the time of his REFRAD shows he served 11 months of foreign service but does not identify where his service was performed.

4.  A review of his official records shows that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

5.  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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  

6.  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.  

7.  Army Regulation 600-8-22 states 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.  It states individuals qualified for the Armed Forces Expeditionary Medal 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 Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

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) shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam during the period 3 March 1963 to 
12 January 1964 and as a matter of clarification his DD Form 214 should be corrected to reflect that service.

2.  He served during qualifying periods for awards of the NDSM and the Republic of Vietnam Campaign Medal with Device (1960) and they should be added to his DD Form 214.

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 
5 February 1962 through 4 February 1965.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

4.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have that award added to his DD Form 214 at this time.

BOARD VOTE:

___X_____  __X______  __X_  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the AGCM (1st Award) for the period 5 February 1962 to     4 February 1965
* Adding the awards of the AGCM (1st Award), NDSM, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
* Adding the entry “Service in Vietnam 3 March 1963 – 12 January 1964” to item 32 (Remarks) of his DD Form 214

2.  The Board wants the applicant and all others to know 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)                                         AR20130021862





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ABCMR Record of Proceedings (cont)                                         AR20130021862



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