BOARD DATE:  30 July 2015

		DOCKET NUMBER:  AR20140021545


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awarded or authorized awards for his service in the Republic of Vietnam (RVN).  He also requests issuance of all medals and ribbons.

2.  The applicant states he performed more combat missions than indicated by his Air Medal with only two oak leaf clusters (AM with 2 OLCs) as currently shown on his DD Form 214.  He also stated in a separate telephone conversation with a staff member of the Board that he wanted to exchange his Armed Forces Expeditionary Medal (AFEM) for the Vietnam Service Medal (VSM).

3.  The applicant provides a copy of 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.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  On 15 August 1962, the applicant was inducted into the Army of the United States.  He completed his initial training as a single rotary helicopter mechanic.

4.  On 30 March 1963, the applicant departed Fort Rucker, Alabama, for duty in the RVN.

   a.  On 15 April 1963, he was assigned to the 81st Transportation Company.  This unit was re-designated on 25 June 1963 as the 119th Aviation Company.
   
	b.  On 17 May 1964, he departed the RVN and returned to the United States.

	c.  General Orders Number 468, U.S. Army Support Command, Vietnam, dated 15 August 1964, announced his award of the AM with 11 OLCs.

5.  On 18 May 1964, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4, and completed 1 year, 9 months, and 4 days of creditable active duty service with 1 year, 1 month and 7 days of foreign service.

6.  The applicant's DD Form 214, as corrected by DD Form 215 (Correction to DD Form 214) lists his awards as:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* AM with 11 OLCs
* AFEM
* Good Conduct Medal

7.  Army Regulation 600-8-22 (Military Awards):

	a.  The AFEM was awarded for qualifying service in the RVN after 1 July 1958, in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM Medal for service in the RVN between 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal (VSM) may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for service in the RVN.
   
   b.  Based on the applicant's dates of service in the RVN, he participated in the Vietnam Advisory campaign.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.
   
   c.  The Vietnam Campaign Medal (VCM) with 1960 Device 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.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period 1 January 1961 through 14 August 1974.

8.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.  Headquarters, U.S. Army Vietnam and its subordinate units were authorized this medal for the period 
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all awarded or authorized awards for his service in the RVN.

2.  The evidence of record shows the applicant was awarded the AM with 
11 OLCs.  A copy of the DD Form 215 issued on 10 December 1964 that corrected this award on his DD Form 214 should be provided to the applicant.

3.  Records show the applicant served in the RVN from on or about 11 April 1963 to 17 May 1964.  He was awarded the AFEM for this service.  He now desires to exchange the AFEM for the VSM with 1 bronze service star.  It would be appropriate to grant his request.

4.  Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

5.  Records show that the applicant served during a qualifying period for award of the RVN VCM with 1960 Device.  Therefore, his records should be corrected to show this award.

6.  Records show he served honorably during a qualifying period authorizing the NDSM.  Therefore, this medal should be shown on his DD Form 214.

BOARD VOTE:

___X_____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 from his DD Form 214, as previously corrected by DD Form 215, the AFEM; and

	b.  showing in addition to the awards already listed on his DD Form 214 that his awards include:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device




      _________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)                                         AR20140005191



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ABCMR Record of Proceedings (cont)                                         AR20140021545



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