BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140005730 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the: 

* Army Commendation Medal (ARCOM)
* Republic of Vietnam Campaign Medal with Device (1960) (RVNCM)

2.  The applicant states he is eligible for the RVNCM because he served in Vietnam from November 1963 to September 1964.

3.  The applicant provides copies of:

* Special Orders Number 188, Headquarters, Department of the Army (Extract) , dated 5 August 1963
* Special Orders Number 23, U.S. Military Assistance Command, Vietnam (USMACV), Vietnam, dated 10 June 1964
* DD Form 214 (Copy number 1)
* General Orders Number 430, USMACV, dated 15 October 1964
* Citation and Certificate for award of the ARCOM
* Letter Orders, United States Army Reserve (USAR), dated 22 August 1968
* Honorable Discharge Certificate from the USAR, dated 31 August 1968
* Claim Request, State of Illinois, dated 4 February 2014

4.  In a phone conversation on 12 November 2014, the applicant further requested that his Armed Forces Expeditionary Medal (AFEM) be changed for the Vietnam Service Medal (VSM) with one bronze service star.

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 12 September 1962, the applicant was inducted into the Army of the United States.  He completed his initial training as a low speed radio operator.

3.  On 27 September 1963, he departed Fort Hood, TX for duty in the RVN, where he was assigned to USMACV and performed duties as a low speed radio operator.

4.  On 1 September 1964, he departed the RVN and returned to the United States.

5.  On 12 September 1964, he was released from active duty.  He had attained the rank/grade of specialist four/E-4 and had completed 1 year, 11 months, and      21 days of creditable active duty service.  His DD Form 214 lists his awards as:

* AFEM
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  General Orders Number 430, USMACV, dated 15 October 1964, announced his award of the ARCOM for meritorious service in the RVN for the period November 1963 to September 1964.

7.  His DA Form 24 (Service Record), Section 4 (Chronological Record of Military Service) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal (AGCM).

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

	a.  The RVNCM 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.

	b.  The National Defense Service Medal (NDSM) was awarded for honorable active service for any period between 1 January 1961 through 14 August 1974.

	c.  Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the Vietnam Advisory Campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	d.  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 the RVN from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the VSM 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 authorized both awards for service in the RVN.

9.  Department of the Army General Orders 8, dated in 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded or authorized the:

* ARCOM
* RVNCM
* VSM with one bronze service star

2.  General orders show he was awarded the ARCOM.  Therefore, this medal should be shown on his DD Form 214.

3.  His records clearly show he distinguished himself in the performance of his military service, as evidenced by his attaining the rank of specialist four, receiving a personal decoration for meritorious service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show his unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

5.  Records show he served during a qualifying period for award of the NDSM.  Therefore, his records should be corrected to show this service medal.

6.  Records show that he served during a qualifying period for award of the RVNCM.  Therefore, his records should be corrected to show this foreign award.

7.  Records show that he participated in one campaign period during his service in the RVN and that he was authorized the AFEM for that service.  He has made known his desire to exchange this medal for the VSM with one bronze service star.  Accordingly, this should be reflected on his DD Form 214. 

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 Army Good Conduct Medal for the period 12 September 1962 to 2 September 1964;

	b.  deleting from his DD Form 214 the AFEM; and

	c.  adding to his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20140005730



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