IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140016207
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the award of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states that his DD Form 214 does not list the award of the AFEM.
3. The applicant provides copies of his DD Form 214, DA Form 24 (Service Record), and a page from his DA Form 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 was inducted on 24 January 1964 into the Army of the United States. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as an armor intelligence specialist at Fort Riley, Kansas. He was assigned to Troop A, 1st Squadron, 4th Cavalry Regiment at Fort Riley for his first assignment.
3. On 15 September 1965, he departed for Vietnam with his unit and remained in Vietnam until he departed for Oakland Army Base, California on 22 January 1966. On 23 January 1966, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal and his marksmanship badges.
4. Army Regulation 600-8-22 (Military Awards) states 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 Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal 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 entitled to both awards for Vietnam service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the award of the AFEM should be added to his DD Form 214 has been noted and appears to lack merit.
2. While the applicant served during a qualifying period for award of the Vietnam Service Medal, the qualifying period for award of the AFEM expired prior to his arrival in Vietnam. The applicable regulation states that both awards will not awarded to a Soldier for the same period of service.
3. Accordingly, he was not eligible for award of the AFEM for his service in Vietnam and there appears to be no basis for granting his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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) AR20140016207
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ABCMR Record of Proceedings (cont) AR20140016207
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