PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            1 August 2000     
	DOCKET NUMBER:   AR1999032404

	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. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Ernest W. Lutz, Jr.		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 he served in Korea for 12 months and 20 days and to show he served in South Vietnam for 7 months and 20 days.  He also requests correction of his records to show award of the Vietnam Service Medal and other medals to which he is entitled.

3.  The applicant states, in effect, that he is entitled to correction of his foreign service on his DD Form 214.  He also states that the Vietnam Service Medal and other medals to which he is entitled should be added to his DD Form 214.  In support of his application, he submits photocopies of his DD Form 214, two military pay vouchers, a military travel voucher, and a letter order for temporary duty (TDY) in Vietnam.

4.  The applicant’s military records show that he entered active duty on 12 September 1963 for a period of 3 years.  He completed training as a communications center specialist and served in Korea and Vietnam.  The applicant was honorably discharged on 9 September 1966.  

5.  The applicant’s DD Form 214 shows in item 24c (Foreign and/or Sea Service) the entry “Korea&VN” and shows the entry 7 months and 20 days.

6.  The applicant’s DD Form 214 does not show the Vietnam Service Medal as an authorized award; however, his DD Form 214 shows the Armed Forces Expeditionary Medal as an authorized award.  

7.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) erroneously shows he served in Kimpo, Korea, from 28 February 1964 through 5 March 1964.  Orders in the applicant’s records show that he was transferred from the Southeastern Signal School at Fort Gordon, Georgia to the 51st Signal Battalion in Korea effective 28 February 1964.  The applicant provided a military pay voucher which indicates he arrived in Korea on 6 March 1964.  His records also contain orders which directed his departure from Korea on 28 March 1965 for further assignment in Fort Ritchie, Maryland.  The applicant provided a schedule of expenses and amounts claimed which shows he departed Inchon, Korea on 26 March 1965.  This is a period of 1 year and 1 month of foreign service.  

8.  The applicant’s DA Form 20 shows in item 31 that he served in Saigon, Vietnam, from 19 August 1965 through 10 March 1966.  

9.  Letter Order Number 8-18, dated 17 August 1965, in the applicant’s records placed him on temporary duty (TDY) to Saigon and Nha Trang, Vietnam effective 19 August 1965 for a period of 60 days.  On 14 October 1965, Letter Order Number 8-18 was amended to extend the period of service in Vietnam to 120 days.  Letter Orders Number 143, dated 4 November 1965, extended the applicant’s duty in Vietnam to 180 days.  The applicant provided a schedule of expenses and amounts claimed which shows he departed Saigon, Vietnam on 9 March 1966.  This is a period of 6 months and 21 days of foreign service.

10.  The Board noted that the applicant was eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on his service in Vietnam. This award is not shown on his DD Form 214.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders 
Number 8, dated 1974.

11.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 24c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-12, states that individuals who served in Korea during the period 1 October 1966 to 30 June 1974 were qualified for award of the Armed Forces Expeditionary Medal.

13.  Army Regulation 600-8-22, Paragraph 2-13d, states that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam during the period 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Individuals may request award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, however, regulation precludes award of both the Armed Forces Expeditionary Medal and the Vietnam Service Medal for service in Vietnam. 

14.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  Evidence of record shows the applicant completed 1 year and 1 month of service in Korea.  Evidence of record also shows that he completed 6 months and 21 days of service in Vietnam.

2.  Based on his service overseas, the applicant completed 1 year, 7 months, and 21 days of foreign service.  Therefore, he is entitled to correction of item 24c of his DD Form 214 to show 1 year, 7 months and 21 days of foreign service.

3.  The Army award regulation shows that the Armed Forces Expeditionary Medal was not authorized for award for service in Korea during the applicant’s tour of duty there from 28 February 1964 through 26 March 1965.  Therefore, the applicant did not receive the Armed Forces Expeditionary Medal for his service in Korea. 

4.  Based on available evidence, the applicant received the Armed Forces Expeditionary Medal for his service in Vietnam.  However, he arrived in Vietnam on 19 August 1965 which was after the ending date of the authority to award the Armed Forces Expeditionary Medal for Vietnam service.  Therefore, his award of the Armed Forces Expeditionary Medal was an administrative error.

5.  The Army award regulation shows that the applicant is entitled to award of the Vietnam Service Medal for his tour of duty in Vietnam from 19 August 1965 through 9 March 1966.  Based on the dates of his service in Vietnam, Annex B of Army Regulation 600-8-22 shows that the applicant is entitled to wear two bronze service stars on his Vietnam Service Medal.

6.  In view of the applicant’s request for award of the Vietnam Service Medal and the fact that award of the Armed Forces Expeditionary Medal to him was not authorized by Army regulation, the applicant’s DD Form 214 should be corrected to delete award of the Armed Forces Expeditionary Medal and to add award of the Vietnam Service medal with two bronze service stars.

7.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be amended to show this award.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by deleting the entry “00 years, 07 months, 20 days” in item 24c of the DD Form 214 of the individual concerned;

b.  by adding the entry “1 year, 07 months, 21 days” in item 24c of his DD Form 214; 

	c.  by deleting award of the Armed Forces Expeditionary Medal from item 26 of his DD Form 214;

	d.  by adding award of the Vietnam Service Medal with two bronze service stars to item 26 of his DD Form 214; and 

	e.  by adding award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 26 of his DD Form 214.

BOARD VOTE:  

DSJ____  KAK_____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Deborah S. Jacobs_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999032404	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0073	
3.	107.0000	
4.		
5.		
6.