BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20150000774 


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.

2.  The applicant states the award criteria for the Vietnam Service Medal states "any service member permanently assigned, attached, or detailed for 1 or more days with an organization participating in or supporting ground (military) operations" is entitled to this award.  He believes that because of the Army Security Agency's top secret presence and mission (which was to locate, intercept, and report enemy communications as to strength, movement, and intentions of those troops), the Army lost track of some records and therefore missed the opportunity to award him this medal.  It was the Army's omission in the first place and he didn't know it was his obligation to know every Department of Defense (DoD) regulation, some hundred, if not thousands of them.  It's never too late to correct an error or omission.

3.  The applicant provides the following:

* Passport
* Special Orders (SO) Number 40
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Vietnam Service Medal – Approved Campaign Phases
* DoD Manual 1348.33, Volume 2, Vietnam Service Medal criteria

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 military records show he enlisted in the Regular Army on 5 October 1962 and he held military occupational specialty 72B (communications center specialist).  

3.  He provided a copy of his Passport, issued on 5 March 1963, showing he received a visa for entry into Vietnam on 7 March 1963.

4.  SO Number 44, issued by the U.S. Army Southeastern Signal School, Fort Gordon, GA on 25 February 1963, assigned him to the 3rd Radio Research Unit (RRU), Army Post Office (APO) 143, San Francisco, CA (SFCA), with a reporting date of 8 March 1963.

5.  SO Number 43, issued by Headquarters, 3rd RRU on 8 March 1963, further assigned him to the 51st U.S. Army Security Agency, Special Operations Command (USASASOC), with an arrival date of 27 March 1963.

6.  His DA Form 20 (Service Record) shows in:

* Section 2 (Chronological Record of Military Service):

* he was enroute to APO 143, SFCA, from 8 March to 5 April 1963
* he was assigned to the 3rd RRU from 6 to 8 April 1963
* he was assigned to Headquarters and Service Company, 51st USAASASOC from 9 April 1963 to 19 September 1965
* he was enroute to Continental U.S. (CONUS) on 20 September 1965

* Section 5 (Service Outside CONUS):

* he served in Saigon, Vietnam, from 6 to 9 April 1963
* he served on Okinawa from 9 April 1963 to 20 September 1965

* Section 9 (Medals, Decorations, and Citations) he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Carbine Bars
* Letter of Commendation
* Army Good Conduct Medal (1st Award)

7.  He was honorably released from active duty on 24 September 1965 as an overseas returnee and was transferred to the U.S. Army Reserve.  He was credited with completed 2 years, 11 months, and 20 days of net active service.  His DD Form 214 lists the:

* Army Good Conduct Medal
* Letter of Commendation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

8.  On 28 April 2010, in response to his request for correction of his DD Form 214 to show the National Defense Service Medal and his service in Vietnam, the ABCMR determined that he served a qualifying period of service for award of the National Defense Service Medal.  The ABCMR also determined that in accordance with governing regulations there was no harm in adding an entry on his DD Form 214 to show his Vietnam service dates from 6 to 9 April 1963.

9.  On 5 August 2011, the Army Review Boards Agency issued a DD Form 215 adding the following to his DD Form 214:

* National Defense Service Medal
* Vietnam Service from 6 April 1963 to 9 April 1963//Indochina – Yes//Korea – No

10.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes service in Vietnam from 1 July 1958 through 3 July 1965.

11.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. To qualify for award of the Vietnam Service Medal an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.  Individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 will remain qualified for that medal.  Upon request, any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.

12.  He also provided copies of the following:

* Vietnam Service Medal – Approved Campaign Phases wherein he highlights the dates for the Vietnam Advisory Campaign from 15 March 1962 to 7 March 1965
* DoD Manual 1348.33, Volume 2, Vietnam Service Medal, stating the criteria for this award

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 6 to 9 April 1963.  By regulation to qualify for award of the Armed Forces Expeditionary Medal for service in Vietnam in 1963, an individual must have served 30 consecutive days or 60 nonconsecutive days in direct support of military operations.  The applicant did not serve the requisite number of days in Vietnam; therefore, he is not eligible for this award.  Since he is not eligible for this award, he does not meet the qualifications for award of the Vietnam Service Medal for his limited period of service in Vietnam in 1963.  

2.  The number of days he served in Vietnam is not questioned.  The U.S. Army Awards Regulation authorized two service medals for service in Vietnam between the periods 1 July 1958 through 28 March 1973.  After a careful review, he is not qualified for either award for his limited service in Vietnam based on the established criteria and his specific dates of service in Vietnam.

3.  Based on the governing regulation criteria and the applicant’s period of service in Vietnam, there is insufficient evidence to award him the Vietnam Service Medal as he requested. 


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)                                         AR20150000774



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ABCMR Record of Proceedings (cont)                                         AR20150000774



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