IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140014941 


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 award of the "Vietnam Campaign Medal" (taken to mean Vietnam Service Medal) in lieu of the Armed Forces Expeditionary Medal.

2.  The applicant states he was awarded the Armed Forces Expeditionary Medal for his service in Vietnam.  According to information published by the Army, he is entitled to the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.   

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to 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.  The applicant enlisted in the Regular Army on 12 March 1962 and he held military occupational specialty 058.10 (Morse Code Interceptor).  He was promoted to the rank/grade of specialist five (SP5)/E-5 on 10 July 1964.

3.  He served in Vietnam from 10 March 1964 to 21 February 1965 while assigned to the 3rd Radio Research Unit (RRU).

4.  He was honorably released from active duty on 23 February 1965 in the rank of SP5 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 12 days of creditable active service with no lost time.

5.  The DD Form 214 he was issued shows he was awarded or authorized the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
(M-1)

6.  On 29 January 2014, he was issued a DD Form 215 that added the Armed Forces Expeditionary Medal to his DD Form 214.

7.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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

	a.  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.  

	b.  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 between 1 July 1958 and 3 July 1965.

	c.  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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Upon request, 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. A review of his records shows that during his service in Vietnam he participated in one campaign.

	d.  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.  

11.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd RRU was cited for award of the Meritorious Unit Commendation for the period 1 January 1965 through 1 May 1966, by DAGO Number 17, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant is entitled to award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal for his service in Vietnam and that he participated in one campaign during this service.  Therefore, it would be appropriate to void the DD Form 215 dated 29 January 2014 and correct his DD Form 214 to show the Vietnam Service Medal with one bronze service star.

2.  The evidence of record confirms he served honorably from 12 March 1962 to 23 February 1965.  He served in Vietnam, attained the rank of SP5, and received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). Therefore, it would be appropriate to award him the 1st award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  He served during a qualifying period for award of the National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960); therefore, his DD Form 214 should be corrected accordingly.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for the period 12 March 1962 through 23 February 1965
* voiding his DD Form 215, dated 29 January 2014
* 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 Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation



      _______ _   _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)                                         AR20140014941



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ABCMR Record of Proceedings (cont)                                         AR20140014941



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