BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140018511 


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:

	a.  his foreign service in Vietnam; and

	b.  award of the Vietnam Service Medal (VSM).

2.  The applicant states:

* his DD Form 214 does not list his service in Vietnam
* no VSM was awarded
* he is having difficulty receiving veterans' benefits

3.  The applicant provides:

* DD Form 214
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
* temporary duty orders
* letters of commendation/appreciation
* military boarding pass



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 16 May 1963.

3.  His DA Form 24 shows he served as a multi-engine airplane mechanic assigned to the 61st Aviation Company in Vietnam from 7 October 1964 through 8 January 1965 and he participated in two campaigns.

4.  On 12 April 1965, he was honorably released from active duty in the temporary rank of specialist four after completing 1 year, 10 months, and 27 days of creditable active service with no lost time.

5.  His DD Form 214 shows in:

* item 24c (Foreign and/or Sea Service) – 1 year, 4 months, and 15 days under the command of U.S. Army Pacific (USARPAC)
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Expert Marksmanship Qualification Badge with Rifle Bar and Armed Forces Expeditionary Medal (AFEM) (for his service in Vietnam)
* item 32 (Remarks) – no Vietnam service

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Section 2 (Chronological Record of Military Service) of his DA Form 24 shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  There must have been no convictions by a court-martial.

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

	a.  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.

	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.  It states individuals who qualified for award of the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the VSM may be awarded in lieu of the AFEM, but the regulation requires removal of the AFEM 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.

9.  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 61st Aviation Company was cited for award of the Meritorious Unit Commendation (MUC) for actions during the period October 1964 to December 1965 in Department of the Army General Orders Number 3, dated 1967.

10.  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.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the applicant's DA Form 24 that shows he served in Vietnam from 7 October 1964 to 8 January 1965 is accepted as a sufficient basis for adding the entry "Vietnam Service:  7 October 1964 to 8 January 1965" to item 32 of his DD Form 214.

2.  His request to add the VSM 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.  He was released from active duty in the temporary rank of specialist four with almost 23 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 16 May 1963 through 12 April 1965 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

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

5.  His unit in Vietnam was awarded the MUC during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period.  Therefore, he is also entitled to correction of his DD Form 214 to show this unit award.

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:

	a.  awarding him the AGCM (1st Award) for the period 16 May 1963 through 12 April 1965,

	b.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* NDSM
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding the entry:  "Vietnam Service:  7 October 1964 to 8 January 1965" to item 32 of his DD Form 214.

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 the VSM 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)                                         AR20140018511



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ABCMR Record of Proceedings (cont)                                         AR20140018511



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