IN THE CASE OF: BOARD DATE: 13 September 2012 DOCKET NUMBER: AR20120005692 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: * awards of the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and any other awards he is entitled to based on his service in Vietnam * the dates of his service in Vietnam 2. The applicant states his service awards and dates of his service [in Vietnam] were left off of his DD Form 214. 3. The applicant provides his 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 was inducted into the Army of the United States on 17 March 1964 and he held military occupational specialty 64B (Heavy Vehicle Driver). He served in Vietnam from 13 May 1965 to 5 March 1966 while assigned to the 513th Engineer Company. 3. He was honorably released from active duty on 12 March 1966 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 26 days of total active service. 4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the: * Army Good Conduct Medal (1st Award) * Armed Forces Expeditionary Medal (Vietnam) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * One overseas service stripe 5. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 9 months and 29 days of foreign service in the U.S. Army Pacific (USARPAC). 6. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. 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. c. 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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Paragraph 6d, states 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. 8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated in item 24 enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed in. There were no provisions to enter the dates of the foreign service on the DD Form 214. 9. Army Regulation 635-5, currently in effect, states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the Remarks block. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant served in Vietnam for over 9 months and during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 accordingly to show these awards. 2. The applicant served during a qualifying period of service for the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award. 3. At the time of his separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214. However, based on current standards and as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 32 (Remarks) of his DD Form 214. 4. With respect to the Vietnam Service Medal, his record shows he was already awarded the Armed Forces Expeditionary Medal (Vietnam) for his service in Vietnam. The governing regulation states no person will be entitled to both awards for Vietnam service. Therefore, he is not entitled to this portion of the requested relief. However, if he desires award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, he is advised to submit a new application to request award of the Vietnam Service Medal and removal of his already-awarded Armed Forces Expeditionary Medal from his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ____X __ ____X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to: a. item 26 of his DD Form 214 the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation b. item 32 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19650513 - 19660305." 2. The Board further determined that 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 award of the Vietnam Service Medal. __________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) AR20120005692 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005692 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1