IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140021547 


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:

* Armed Forces Expeditionary Medal (AFEM)
* Army Good Conduct Medal (AGCM)
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal (NDSM)

2.  The applicant states these awards are not reflected on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* certificate of achievement
* DA Form 24 (Service Record)
* letter of recommendation, dated 10 February 1966

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 27 February 1964.

3.  Headquarters, U.S. Army Strategic Communications Command-Pacific, Letter Orders 03-05, dated 26 March 1965, show he was ordered to temporary duty (TDY) attached to U.S. Army Strategic Communications Command Facility-Vietnam for 90 days on or about 5 April 1965.

4.  His DA Form 24 shows in:

	a.  Section 2 (Chronological Record of Military Service), he received "good" conduct and efficiency ratings from 3 November 1964 to 1 April 1965 and he was TDY to Headquarters, U.S. Army Strategic Communications Facility-Vietnam from 6 April 1965 to approximately 1 July 1965; and

	b.  Section 5 (Service outside Continental United States), he arrived in Vietnam on 6 April 1965 and departed Vietnam on 29 June 1965 (total of 2 months and 23 days).

5.  Headquarters, U.S. Army Strategic Communications Facility-Hawaii, Letter Orders 10-05, dated 13 October 1965, show he was again ordered to TDY attached to U.S. Army Strategic Communications Facility-Vietnam for 90 days on or about 15 October 1965.

6.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to U.S. Army Strategic Communications Command Facility in Vietnam from 15 October 1965 to 25 June 1966 (total of 3 months and 10 days).

7.  Records show he participated in the Vietnam Defense Campaign (8 March 1965-24 December 1965) and Vietnam Counteroffensive Campaign (25 December 1965-30 June 1966).

8.  He provided a letter of recommendation from the U.S. Army Strategic Communications Facility-Hawaii, dated 10 February 1966, which states he was awarded the AFEM for his first tour of duty in Vietnam and he was awarded the Vietnam Service Medal (VSM) with a "cluster" for his second tour of duty in Vietnam.

9.  On 25 February 1966, he was honorably released from active duty.

10.  His DD Form 214 shows he was awarded or authorized the VSM.

11.  There are no orders for the AGCM in his available records.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

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

	a.  The 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.

	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.

	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.  Qualifying service included assignment in Vietnam for 6 months or more.

14.  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 U.S. Army Strategic Communications Command Facility-Vietnam was awarded the Meritorious Unit Commendation (MUC) for the period November 1964 to May 1965 in Department of the Army General Orders Number 42, dated 1965.

15.  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's request to add award of the AFEM to his DD Form 214 appears to have merit.  Based on his service in Vietnam from 6 April 1965 to 29 June 1965, he is authorized award of the AFEM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  Based on his service in Vietnam from 15 October 1965 to 25 January 1966 and participation in two campaigns, he is authorized award of the VSM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show these service stars.

3.  His request to add award of the AGCM was noted.  However, there are no orders for the AGCM in the available records.  His military record shows he had "good" conduct and efficiency ratings during the period 3 November 1965 to 1 April 1965 which is a disqualifying factor for award of the AGCM.  Therefore, he is not eligible for award of the AGCM or correction of his DD Form 214 to show this award.

4.  He is authorized award of the Republic of Vietnam Campaign Medal with Device (1960) based on his service in Vietnam from 6 April 1965 to 29 June 1965 (total of 2 months and 19 days) and from 15 October 1965 to 25 January 1966 (total of 3 months and 11 days).  Therefore, his DD Form 214 should be corrected to show this medal.

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

6.  His unit in Vietnam (U.S. Army Strategic Communications Command-Vietnam) was awarded the MUC during his period of assignment.  Therefore, he is authorized permanent award of the MUC and his DD Form 214 should be corrected to show this unit award.

7.  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 authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and his DD Form 214 should be corrected 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 adding the following awards to his DD Form 214:

* NDSM
* AFEM
* Republic of Vietnam Campaign Medal with Device (1960)
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two bronze service stars with his already-awarded VSM

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 award of the AGCM 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)                                         AR20140021547



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ABCMR Record of Proceedings (cont)                                         AR20140021547



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