IN THE CASE OF:	  

		BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140009942 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by changing his award of the Armed Forces Expeditionary Medal (AFEM) to the Vietnam Service Medal and adding the awards of the National Defense Service Medal (NDSM), Vietnam Campaign Medal, and the Meritorious Unit Commendation (MUC).

2.  The applicant states he desires his award of the AFEM be changed to the Vietnam Service Medal and the awards of the NDSM, Vietnam Campaign Medal, and MUC be added to his DD Form 214.

3.  The applicant provides copies of his DD Form 214, travel orders, and orders awarding the MUC.

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 enlisted in the Regular Army on 13 September 1962 for a period of 3 years and assignment to the Army Security Agency (ASA).  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a Morse code interceptor at Fort Devens, Massachusetts before being transferred to the 9th U.S. Army ASA Company in the Philippines on 11 June 1963.

3.  On 10 February 1964, he was transferred to the 3rd Radio Relay Unit (RRU) in Vietnam and remained there until he was transferred to the 8th RRU in Vietnam on 1 November 1964.

4.  He served in two campaigns and departed Vietnam on 3 January 1965 for assignment to the 330th ASA Company at Fort Wolters, Texas where he remained until he was honorably released from active duty (REFRAD) on          12 September 1965 due to the expiration of his term of service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal, AFEM, and Expert Marksmanship Qualification Badge with Rifle Bar.

5.  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 applicant’s unit (8th RRU) was cited for awards of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

6.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.  

7.  Army Regulation 600-8-22 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.
8.  Army Regulation 600-8-22 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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AFEM for his service in Vietnam during two campaigns and is entitled to exchange that award for the Vietnam Service Medal with two bronze service stars and to have it entered on his DD Form 214.

2.  The applicant served during a qualifying period for awards of the NDSM and the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to have those awards entered on his DD Form 214.

3.  Additionally, the applicant’s unit was cited for awards of the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.

BOARD VOTE:

___x___  ___x____  ___x____   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 deleting the award of the Armed Forces Expeditionary Medal from his DD Form 214 and by adding the awards of the Vietnam Service Medal with two bronze service stars, NDSM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20140009942





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ABCMR Record of Proceedings (cont)                                         AR20140009942



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