IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150000281 


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 his duty assignment in Vietnam and any awards and decorations to which he may be entitled for his Vietnam service.

2.  The applicant states he served in Vietnam with Company D, 5th Special Forces Group (Airborne), 1st Special Forces Command.

3.  The applicant provides:

* DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice)
* photographs of himself in Vietnam
* 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.  The applicant enlisted in the Regular Army on 17 January 1962 for a period of 3 years.  He completed his training and was awarded military occupational specialty 121.17 (combat engineer).

3.  Section 5 (Service outside Continental United States) of his DA Form 24 (Service Record) shows he arrived in Vietnam on 11 December 1963 and he departed Vietnam on 28 February 1964.

4.  He provided a DA Form 2627-1, dated 8 June 1964, which shows he accepted nonjudicial punishment for failing to obey a lawful order in Vietnam on 17 February 1964.

5.  His records contain a DA Form 1049 (Personnel Action), dated 26 June 1964, requesting termination of his special forces qualification.  This form states he was sent to Vietnam with an operational "A" detachment and had to be returned to Fort Bragg, NC, for disciplinary action prior to termination of the detachment's temporary duty period.

6.  Section 4 (Chronological Record of Military Service) of his DA Form 24 shows his last unit assignment was Company B, 326th Engineer Battalion, Fort Campbell, KY.

7.  On 15 January 1965, he was honorably released from active duty.  His DD Form 214 shows in:

* item 12 (Last Duty Assignment and Major Command) – Company B, 326th Engineer Battalion, Third U.S. Army
* item 24c (Foreign and/or Sea Service) – no foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

8.  There is no evidence the applicant received the first award of the AGCM.  There is no evidence of a court-martial conviction and his DA Form 24 shows he received all "excellent" conduct and efficiency ratings with the exception of a single "good" efficiency rating during advanced individual training (AIT).

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.  There is no provision to enter any duty assignment on the DD Form 214 other than the unit of assignment upon separation.

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

	a.  The National Defense Service Medal (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 Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  Individuals who qualified for the AFEM for service in Vietnam from 1 July 1958 to 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 AFEM must be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	c.  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.  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 or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.

11.  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.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

12.  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 his duty assignment in Vietnam to his DD Form 214 was noted.  However, since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for granting the requested relief.

2.  Based on his service in Vietnam, he is authorized award of the AFEM.  Therefore, his DD Form 214 should be corrected to show this medal.

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

4.  He was honorably released from active duty in the rank of private first class with almost 3 years of total active service and no lost time.  His records contain no evidence of a court-martial conviction and he received all "excellent" conduct and efficiency ratings with the exception of a single "good" efficiency rating during AIT.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 17 January 1962 through 15 January 1965 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

5.  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 entitled to correction of his DD Form 214 to show this unit award.

6.  The applicant has the option of award of the VSM in lieu of the AFEM.  Upon request, the VSM may be awarded in lieu of the AFEM, but the AFEM must be removed from his records.  No person will be entitled to both awards for Vietnam service.

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:

	a.  awarding him the AGCM (1st Award) for the period 17 January 1962 through 15 January 1965 and

	b.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* NDSM
* AFEM
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 his duty assignment in Vietnam 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)                                         AR20150000281



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ABCMR Record of Proceedings (cont)                                         AR20150000281



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