IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140019236
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 with suitable appurtenances in lieu of the Armed Forces Expeditionary Medal. He also requests issuance of the medal.
2. The applicant states:
* his request is based on Executive Order 11231, dated 8 July 1965
* he is requesting what is due to him and he should get the ribbon he earned and fought for
3. The applicant provides:
* self-authored letter, dated 27 October 2014
* DA Form 24 (Service Record)
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20120012060, dated 31 January 2013
* three Army Review Boards Agency letters, dated 5 February 2013, 15 February 2013, and 11 June 2014
* DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 24 April 2014
* self-authored email, dated 13 July 2013
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 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 29 January 1962.
3. He served in Vietnam during the period 24 June 1963 through 12 July 1964 and he participated in one campaign. While serving in Vietnam, he was assigned to the 61st Aviation Company.
4. His DA Form 24 shows he was awarded the Armed Forces Expeditionary Medal for his service in Vietnam.
5. On 28 January 1965, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
6. ABCMR Record of Proceedings Docket Number AR20120012060, dated 31 January 2013, informed him that individuals who qualified for the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the Armed Forces Expeditionary Medal must be removed from the records of the individual. No person will be entitled to both awards for Vietnam service. He was advised to submit an new application if he desired to have the Armed Forces Expeditionary Medal removed from his DD Form 214 and replaced with the Vietnam Service Medal with one bronze service star. ABCMR Record of Proceedings Docket Number AR20120012060 also corrected his DD Form 214 show award of the:
* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
7. On 21 February 2013, the applicant was issued a DD Form 215 adding the aforementioned awards to his DD Form 214.
8. Executive Order 11231 states any member who qualified for award of the Armed Forces Expeditionary Medal by reason of service in Vietnam between 1 July 1958 and 4 July 1965 shall remain qualified for that medal. Upon application, any such member may be awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but no person may be awarded both medals by reason of service in Vietnam and no person shall be entitled to more than one award of the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
The applicant is authorized award of the Vietnam Service Medal with one bronze service star in lieu of the Armed Forces Expeditionary Medal under the provisions of Executive Order 11231. In view of his request, his DD Form 214 should be corrected accordingly and he should be issued the medal.
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:
a. deleting award of the Armed Forces Expeditionary Medal from his DD Form 214,
b. adding award of the Vietnam Service Medal with one bronze service star to his DD Form 214, and
c. issuing him the Vietnam Service Medal with one bronze service star.
___________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) AR20140019236
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140019236
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
AF | BCMR | CY2013 | BC 2013 02062
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02062 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. In Accordance With (IAW) Executive Order 11231, service members who earned the AFEM for Vietnam service between 1 Jul 1958 and 3 Jul 1965 may elect to receive the VSM instead of the AFEM but may not receive both. Regarding the applicants request...
ARMY | BCMR | CY2012 | 20120022077
The 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. 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. The applicant's DD Form 214 should then be amended by deleting the Armed Forces...
AF | BCMR | CY2013 | BC 2013 02369
He was awarded the Vietnam Service Medal (VSM). APFC/DPAPP was unable to verify the applicants Foreign Service time in Vietnam. The complete DPSID evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted letters he sent to his wife while stationed in Vietnam.
ARMY | BCMR | CY2012 | 20120022638
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 (VSM) in lieu of the Armed Forces Expeditionary Medal (AFEM). The VSM 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130021609
The applicant requests award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and conversion of his award of the Armed Forces Expeditionary Medal to the Vietnam Service Medal. It is appropriate to award the applicant the Good Conduct Medal for his period of service from 16 April 1962 through 15 April 1965 and include it on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2014 | 20140014941
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. 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. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130006375
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show service in Vietnam and award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). The applicant's complete military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entries shown in item 32 of his DD Form 214, and b. issuing him a DD...
ARMY | BCMR | CY2013 | 20130006797
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal and/or Vietnam Campaign Medal. The evidence of record shows the applicant was awarded the Armed Forces Expeditionary Medal for his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214 the Armed Forces Expeditionary...
ARMY | BCMR | CY2008 | 20080013577
The applicant requests correction of his records to show all awards and decorations he earned as a result of his service in the Republic of Vietnam and a bronze service star to be affixed to his already-awarded Armed Forces Expeditionary Medal for serving in the Dominican Republic. 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. With respect to a bronze...
ARMY | BCMR | CY2012 | 20120018055
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct Social Security Number (SSN) and that he was authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation. He served in Vietnam for 1 year and 20 days but some of his authorized awards were omitted from his DD Form 214. As a result, the Board recommends that all...