IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140014318 


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 the awards of the Armed Forces Expeditionary Medal (AFEM) and the Vietnam Service Medal (VSM) be added to his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge). 

2.  The applicant states that his DD Form 214 does not reflect his award of the AFEM and the VSM.  He goes on to state that he was assigned to the "White Star Military Group" operating out of Vientiane, Laos from 28 March 1963 to 6 October 1962; however, neither the AFEM or VSM were added to his DD Form 214 and it is affecting his VA benefits. 

3.  The applicant provides copies of his DD Form 214 and DA Form 24 (Service 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 29 December 1960 for a period of 3 years and assignment to Hawaii.  He completed his basic training at Fort Riley, Kansas and his advanced individual training as a clerk-typist at Fort Ord, California before being transferred to Hawaii on 23 May 1961. 

3.  On 24 March 1962, he was transferred to Vientiane, Laos and remained there until 6 October 1962, when he was transferred back to Hawaii where he remained until he was honorably released from active duty (REFRAD) at Oakland Army Base, California on 13 November 1963 as an overseas returnee.  He had served 2 years, 10 months and 15 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  A review of his official records failed to show any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM) and his records show that he had "excellent" conduct and efficiency ratings throughout his entire period of service.

5.  Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

6.  Army Regulation 600-8-22 states the AFEM is awarded for qualifying service in Vietnam from 1 July 1958 and 3 July 1965 and for service in Laos from 19 April 1961 to 7 October 1962 (inclusive). 

7.  Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam, Thailand, Laos, or Cambodia after 3 July 1965 through 28 March 1973.  

8.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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. 

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM 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, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the AFEM should be added to his DD Form 214 has been noted and found to have merit.  Accordingly, that award should be added to his DD Form 214.

2.  The applicant’s contention that the award of the VSM should be added to his DD Form 214 has also been noted and appears to lack merit.  The VSM was authorized for service in Laos beginning on 3 July 1965, which was subsequent to the applicant’s service in Laos.

3.  The applicant served during a qualifying period for award of the NDSM and that award should be added to his DD Form 214.

4.  Additionally, a review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 29 December 1960 to 13 November 1963 and his DD Form 214 should be corrected to show this award.

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:

* awarding him the AGCM (1st Award) for the period 29 December 1960 to 13 November 1963
* adding the awards of the AGCM (1st Award), AFEM and NDSM to his DD Form 214

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 adding the award of the VSM to his DD Form 214

3.  The Board wants the applicant and all others to know that 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)                                         AR20140014318



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ABCMR Record of Proceedings (cont)                                         AR20140014318



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