PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                3 March 1999  
	DOCKET NUMBER:        AR1998012212

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Vietnam Service Medal (VSM) and the Vietnam Campaign Medal (VCM).

3.  The applicant states that he served in Vietnam from 6 May 1963 to 20 April 1964 and the Vietnam Service Medal and the Vietnam Campaign Medal are not listed on his DD Form 214.  In support of his application, the applicant submits a copy of his DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record).  
Analyst Note:  The applicant was entitled to the Armed Forces Expeditionary Medal (AFEM) or the Vietnam Service Medal; however, regulation precludes award of both the AFEM and the VSM for the same period of service in Vietnam. On 27 January 1999, the analyst contacted the applicant to determine whether he would prefer to retain the AFEM in lieu of the VSM.  The applicant elected to retain the AFEM.

4.  The applicant’s military records show that he entered active duty on 9 May 1962, completed basic and advanced individual training and was honorably released from active duty on 7 May 1965.

5.  The applicant’s DD Form 214 shows the Armed Forces Expeditionary Medal as an authorized award for his service in Vietnam.  His DD Form 214 does not show award of the Vietnam Service Medal or the Vietnam Campaign Medal as authorized awards.  The Board notes the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation which also is not shown on his DD Form 214.

6.  The applicant’s personnel records show he served in Vietnam from 6 May 1963 to 20 April 1964.

7.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in the regulation.
9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.  Individuals qualified for the Armed Forces Expeditionary Medal for reason of service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request any such individual may be awarded the VSM instead of the AFEM.  In such instances, the AFEM will be deleted from the list of authorized medals in personnel records.  No person will be entitled to both awards for Vietnam service.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal 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 and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in Vietnam from 6 May 1963 to 20 April 1964 and was awarded the AFEM for this service.  The applicant elected to retain the AFEM in lieu of the VSM for his period of service in Vietnam.  Therefore, the applicant is not entitled to correction of his records to show award of the VSM and his DD Form 214 is correct as currently constituted.

2.  Evidence of record shows the applicant served in Vietnam for a period of qualifying service for award of the Vietnam Campaign Medal; therefore, he is entitled to this award.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below. 

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Vietnam Campaign Medal and the Vietnam Cross of Gallantry with Palm Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

RVO____  EW_____  GCM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		CHAIRPERSON

INDEX

CASE ID	AR1998012212	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.