IN THE CASE OF:  

		BOARD DATE: 28 May 2015

		DOCKET NUMBER:  AR20140017741


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 Vietnam Service Medal.

2.  The applicant states he served in Vietnam and received the medal, but he is not being recognized as a Vietnam veteran by the Department of Veterans Affairs because the medal is not listed on his DD Form 214.

3.  The applicant provided a copy of his DA Form 24 (Service Record) and his 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 6 December 1960.  He held military occupational specialty (MOS) 675.30 (Single Rotor Helicopter Mechanic). 

3.  His DA Form 24 shows he served in Vietnam from 21 November 1961 to 
23 December 1962.  He was assigned to the 98th Transportation Detachment.   

4.  His DA Form 24, Section 9 (Medals, Decorations, and Citations) shows he was awarded the Army Good Conduct Medal (1st Award), Marksman Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  He was released from active duty on 5 December 1963 as a specialist five/
E-5.  He has completed 3 years of active duty service.  His DD Form 214 lists his authorized awards as the Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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

	a.  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 from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Service members who earned the AFEM for service in Vietnam between 1 July 1958 and 3 July 1965 may elect
to receive the Vietnam Service Medal instead of the AFEM. However, no service member may be issued both medals for service in Vietnam.

	b.  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.  Bronze service stars are awarded for 
qualifying campaign periods; the applicant’s tour of duty corresponds to the 
Vietnam Advisory Campaign from 15 March 1962 to 7 March 1965



	c.  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.  

	d.  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.  

7.  Department of the Army General Orders 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is eligible for the Armed Forces Expeditionary Medal (Vietnam) because he served in Vietnam prior to 3 July 1965.  However Army Regulation 600-8-22 provides that an individual thus qualified for the Armed Forces Expeditionary Medal may be awarded the Vietnam Service Medal in lieu of and the applicant specifically asked for award of the Vietnam Service Medal.  

2.  He served in Vietnam during the Vietnam Advisory Campaign and is authorized one bronze service star for wear on the Vietnam Service Medal.  

3.  His record shows he served a qualifying period of service for award of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

4.  During the applicant's service in Vietnam his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show the above awards.






BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

* National Defense Service Medal
* The 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 
      
      
      
      
      ______________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20140017741



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