IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140013489 


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 his time in Vietnam and the Vietnam Service Medal.

2.  The applicant states he has no record of the dates of his service in Vietnam.  He requested a copy of his records but only received a copy of his DD Form 214.  

3.  The applicant provides copies of two photographs, an envelope, a letter from the Department of Veterans Affairs (VA), his DD Form 214, a Wikipedia printout about the Armed Forces Expeditionary Medal, and a web page printout from a commercial online military medals dealer.

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 18 November 1963, completed training as a radar repairman and was assigned to Fort Carson, Colorado.  On 4 April 1965 joined the 320th Signal Detachment at Fort Riley, Kansas.  The unit relocated to Vietnam where the applicant arrived on 2 May 1965. 

3.  His DA Forms 20 (Enlisted Qualification Records) show – 

* Expert qualification with the M-14 Rifle
* authorized the Armed Forces Expeditionary Medal and the National Defense Service Medal
* service in Vietnam from 2 May 1965 to 23 May 1966 with the 320th Signal Detachment
* exclusively “excellent” conduct and efficiency marks throughout the period of active duty service

4.  The record contains no discreditable information.

5.  On 19 August 1966, the applicant was honorably released from active duty.  He was transferred to the U.S. Army Reserve in pay grade E-4.  His DD Form 214 shows he had 1 year and 1 day of foreign service and lists his authorized awards as the National Defense Service Medal, Armed Forces Expeditionary Medal, and the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.  

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

	a.  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 Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.  

	b.  Qualifying campaign periods for service stars that coincide with the applicant's tour of duty include the Vietnam Advisory Campaign from 15 March 1962 to 7 March 1965 and the Vietnam Defense Campaign from 8 March to 24 December 1965.


	c.  The Republic of Vietnam Campaign (RVN) 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.  

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 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.  

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 320th Signal detachment was awarded the Presidential Unit Citation for the period 10 June through 17 June 1965 by Department of the Army General Order (DAGO) Number 22 of 1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8 of 1974. 

9.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Later the Remarks section would be used to delineate service in Vietnam and Korea but this was not yet policy when the applicant was separated from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests documentation of his Vietnam service and award of the Vietnam Service Medal.

2.  Substitution of the Vietnam Service Medal for the Armed Forces Expeditionary Medal is authorized for those who were received the latter for service in Vietnam. However, a Soldier may not be authorized both for service in Vietnam.  The applicant is entitled to the Vietnam Service Medal with two bronze service stars.

3.  He is also authorized the RVN Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation.

4.  The applicant distinguished himself by his offense-free record, “excellent” conduct and efficiency ratings, and service in Vietnam.  Notwithstanding the absence of a recommendation in the record, he should now be awarded the Army Good Conduct Medal.

5.  In August 1966, when the applicant was released from active duty, it was not yet policy to specify Vietnam service in the Remarks item of the DD Form 214.  However, various state and federal agencies including the VA have become accustomed to seeing such entries.  It would do no harm to show the applicant's Vietnam service in that item as an exception to policy.

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 (1st Award) for the period 18 November 1963 to 19 August 1966;

	b.  deleting the authorized awards listed on his DD Form 214;

	c.  showing on his DD Form 214 that his authorized awards consist of the – 

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Presidential Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

	d.  adding to item 32 of his DD Form 214 – "Service in Vietnam May 1965-May 1966."




      _______ _   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)                                         AR20140013489





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ABCMR Record of Proceedings (cont)                                         AR20140013489



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