IN THE CASE OF:  	  

		BOARD DATE:  14 July 2015	  

		DOCKET NUMBER:  AR20140020075 


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 the Vietnam Service Medal and the Republic of Vietnam Campaign Medal. 

2.  The applicant states he was in Vietnam with boots on the ground. 

3.  The applicant does not provide any additional evidence. 

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's service records for his Regular Army service from May 1962 to July 1965 are not available for review with this case.  An extensive search was conducted to locate his records but they could not be found.  However, there were sufficient documents in a reconstructed record for the Board to conduct a fair and impartial review of his case.

3.  The applicant's available records, consisting of a DD Form 214, show he enlisted in the Regular Army for a 3-year term on 7 May 1962.  He appears to have been trained in and held military occupational specialty 71M (Chaplain's Assistant).  His DD Form 214 also shows he executed a 2-month voluntary extension on 29 April 1965.  

4.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 6 July 1965 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 also shows he: 

* completed 3 years and 2 months of active service, of which 11 months and 10 days was foreign service in the U.S. Army Pacific
* awarded or authorized the Good Conduct Medal, Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

5.  His DA Form 20 (Enlisted Qualification Record) which would have listed his chronological record of service and/or overseas service is not available for review with this case. 

6.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  Direct support is defined as services being supplied to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

7.  The Glossary for Army Regulation 600-8-22 defines direct support as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.

8.  Army Regulation 600-8-22 (Military Awards) states the 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.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

9.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's complete records are not available for review with this case.  However, his DD Form 214 shows he completed 11 months and 10 days of foreign service in the U.S. Army Pacific. 

	a.  It is unclear if this foreign service was completed in Japan, Korea, Thailand, or other Pacific location.  It is equally unclear if the applicant served in Vietnam as there is no evidence of record and he provides none to show he was in Vietnam.

	b.  His award of the Armed Forces Expeditionary Medal suggests he may have served in Vietnam.  If this is true, no person will be entitled to both awards for Vietnam service.  However, upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  

2.  The Republic of Vietnam Campaign Medal is awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam from 1 March 1961 to 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  There is no evidence in the available records and the applicant provides none to show he served in Vietnam for any period of time. 

3.  If the applicant can provide permanent change of station orders, temporary duty orders, travel vouchers, travel settlements, award certificates, or other documents confirming he served in Vietnam, he may resubmit his application to this Board within 1 year for reconsideration. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      ___________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)                                         AR20140020075





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ABCMR Record of Proceedings (cont)                                         AR20140020075



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