IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140016442


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) with one bronze service star, and Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he doesn't have any awards listed on his DD Form 214.

3.  The applicant provides:

* letter from a Member of Congress, dated 8 August 2014
* letter from the Jackson County Veterans Service Office, dated 8 September 2014
* 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 was inducted into the Army of the United States on 13 November 1963.  He trained as an artillery basic crewman.  His DA Form 20 (Enlisted Qualification Record) shows:

* he served in Vietnam from 17 August 1965 through 9 November 1965
* he was assigned to Battery B, 1st Battalion, 77th Artillery Regiment, 1st Cavalry Division, during his tour of duty in Vietnam

3.  On 15 November 1963, he was honorably released from active duty.

4.  His DD Form 214 shows he was awarded the:

* Armed Forces Expeditionary Medal (AFEM) (Vietnam)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He provided a letter from a Member of Congress, dated 8 August 2014, congratulating him on receipt of the following medals and badges:

* NDSM
* AFEM
* VSM with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

6.  There is no evidence showing he was wounded in action in the Republic of Vietnam or captured by hostile forces but later escaped or was rescued or released.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The 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.

	b.  The AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  Individuals who qualified for the AFEM for service in Vietnam from 1 July 1958 to 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the VSM may be awarded in lieu of the AFEM, but the AFEM must be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	c.  The VSM was 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.  The regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the VSM.

	d.  The 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the VSM or the AFEM and served for less than 6 months of service but:

* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 77th Artillery, was awarded the:

* Presidential Unit Citation (PUC) for actions during the period 23 October to 26 November 1965 in Department of the Army General Orders 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in Department of the Army General Orders 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period for award of the NDSM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  His request to add the VSM with one bronze service star to his DD Form 214 was noted.  However, the evidence shows he was awarded the AFEM for his service in Vietnam and the governing regulation states no person will be entitled to both awards for Vietnam service.  Therefore, there is no basis for granting this portion of his request.  The applicant is advised that, upon request, the VSM may be awarded in lieu of the AFEM, but the AFEM must be removed from his records.

3.  His request to add the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214 was also noted.  However, the governing regulation states qualifying service for this medal included assignment in Vietnam for 6 months or more unless the individual was wounded as a result of hostile action or captured by hostile forces but later escaped or was rescued or released.  Since he completed slightly less than 3 months of service in Vietnam and there is no evidence he was wounded in action or captured by hostile forces, there is insufficient evidence on which to base adding this medal to his DD Form 214.

4.  His unit in Vietnam was cited for award of the PUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the following awards to his DD Form 214:

* NDSM
* PUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 award of the VSM with one bronze service star or Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214.



      ____________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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20140016442



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