IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140004785 


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 (Report of Transfer or Discharge) to show award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.

2.  The applicant states the requested awards were not issued at the time of discharge because combat action in Vietnam were not fully recognized.  The Department of Veterans Affairs (VA) has told him that the corrections are necessary to show his eligibility for herbicide exposure benefits.

3.  The applicant provides copies of his DD Form 214, two Air Medal citations, a Letter of Commendation, a DA Form 1811 (Physical and Mental Status on Release from Active Service), a DA Form 348 (Driver Qualification Record), a DA Form 4 (Enlistment Record), his DA Form 24 (Service Record), and two DA Forms 20 (Enlisted Qualification Record). 

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 20 August 1962, completed training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The DA Form 24 shows the applicant served in Vietnam with the 4th Machine Gun Platoon, 119th Aviation Company, 52nd Aviation Battalion from 
4 September 1964 through 3 December 1964.

4.  A DA Form 20 shows –

* advancement to specialist four (E-4)
* conduct and efficiency ratings of “excellent”
* award of the Armed Forces Expeditionary Medal, Air Medal, Air Medal 1st Oak Leaf Cluster, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar, and the Expert Marksmanship Qualification Badge with Pistol and Machine Gun Bar

5.  The applicant was honorably released from active duty on 10 August 1965.  His DD Form 214 lists the applicant's awards as the Armed Forces Expeditionary Medal, Army Commendation Medal, Air Medal 1st Oak Leaf Cluster, Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar, and the Expert Marksmanship Qualification Badge with Pistol and Machine Gun Bar.

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

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; 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;

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
   b.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  Paragraph 2-13d specifically provides that 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, a Solder may be award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.  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.
   
   c.  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 participated during the following campaign period 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 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 a period of 6 months or more.
   
   e.  The Combat Infantryman Badge is awarded to persons who have an infantry MOS.  In effect, that paragraph states that there are three basic requirements for award of the Combat Infantryman Badge.  An enlisted Soldier must have an infantry specialty, they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
   
9.  Department of the Army General Orders (DAGO) 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation with for service in Vietnam to Headquarters, United States Military Assistance Command and all of its subordinate units during the period 8 February 1962 to 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the first award of the Army Good Conduct Medal for his period of service from 20 August 1962 through 10 August 1965.

2.  The applicant was awarded the Armed Forces Expeditionary Medal and now requests, in effect, award of the Vietnam Service Medal.  In accordance with regulations it is appropriate to grant this request by deleting award of the Armed Forces Expeditionary Medal and adding the Vietnam Service Medal to his DD Form 214. 

3.  With the conversion from the Armed Forces Expeditionary Medal to the Vietnam Service Medal, the applicant is also authorized to wear one bronze service star on the Vietnam Service Medal.

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

5.  The applicant served in Vietnam during the period the Republic of Vietnam Gallantry Cross with Palm Unit Citation was authorized to all units under DAGO 8.  Therefore, it is appropriate to include this unit award on his DD Form 214.

6.  The applicant did not serve in Vietnam for 6 months or more as such he is not eligible for the Republic of Vietnam Campaign Medal with Device (1960).

7.  While the applicant was an infantryman, he is shown to have served with an aviation company and battalion, not an infantry unit.  Therefore, he is also not eligible for award of the Combat Infantryman Badge.

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:

	a.  deleting from his DD Form 214 the Armed Forces Expeditionary Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for his period of service from 20 August 1962 through 10 August 1965; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 award of the Republic of Vietnam Campaign Medal with Device (1960) and the Combat Infantryman Badge.



      ___________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)                                         AR20140004785



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ABCMR Record of Proceedings (cont)                                         AR20140004785



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