IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011781 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011781 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for 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 Army Good Conduct Medal (1st Award) for the period 10 January 1962 through 16 December 1963, and b. amending his DD Form 214 for the period ending 16 December 1963 as follows: (1) delete the Armed Forces Expeditionary Medal from item 26, (2) add to item 26: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3) add to item 32, "SERVICE IN VIETNAM FROM 19630206 to 19631214." __________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. IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011781 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) by adding all awards for which he is eligible based on his service in Vietnam. He also requests, in effect, that his DD Form 214 more clearly show his Vietnam service. 2. The applicant states, in effect: * he served in Vietnam from January to December 1963; he was a radio operator for the Military Assistance Advisory Group (MAAG) * his DD Form 214 for the period ending 16 December 1963 shows no medals for his tour in Vietnam; he feels he should have gotten the Vietnam Service Medal, or its equivalent * at present, his DD Form 214 only has the Armed Forces Expeditionary Medal and the Expert Marksmanship Qualification Badge * item 12 (Last Duty Assignment and Major Command) lists U.S. Army Pacific (USARPAC) and item 24c (Foreign and/or Sea Service) shows 10 months and 9 days; all of the service reflected was performed in Vietnam * he requires recognition of his Vietnam service for the Department of Veterans Affairs (VA) 3. The applicant provides a copy of his DD Form 214 for the period ending 16 December 1963. 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 10 January 1962. 3. His available service record contains: a. DA Form 20 (Enlisted Qualification Record): (1) Item 29 (Foreign Service) shows service in Vietnam from on or about 6 February 1963 to on or about 14 December 1963. (2) Item 33 (Record of Assignments) lists his assignment to the U.S. Army Element, MAAG. b. DA Form 24 (Service Record): (1) Section 4 (Chronological Record of Military Service) reflects his conduct and efficiency during his military service. Entries of "Excellent" were entered for every assignment listed. (2) Section 9 (Medals, Decorations, and Citations) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Armed Forces Expeditionary Medal (Vietnam). 4. He was released from active duty (REFRAD) on 16 December 1963. His DD Form 214 shows he completed 1 year, 11 months, and 7 days of net active creditable service. a. Item 24c (Foreign and/or Sea Service) shows service in USARPAC for a period of 10 months and 9 days. b. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) indicates he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Armed Forces Expeditionary Medal. c. Item 32 (Remarks) is void of any entries regarding service in Vietnam. 5. On 21 June 2016 a member of the staff of the ABCMR contacted the applicant telephonically and informed him he was eligible for either the Armed Forces Expeditionary Medal or the Vietnam Service Medal, but not both for his service in Vietnam. The applicant requested the Vietnam Service Medal. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards), prescribes policies and procedures for military awards. a. The Armed Forces Expeditionary Medal may be awarded to Soldiers who participated in operations that have been designated by the Joint Chiefs of Staff, and for which no other U.S. campaign medal has been approved. (1) Soldiers who served in Vietnam between 1 July 1958 and 3 July 1965 are eligible to receive this award. (2) Those Soldiers who were awarded the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead. No Soldier can be issued both medals for their service in Vietnam. (3) A bronze service star is authorized for each operation in which the Soldier participated, provided it was in a different theater of operations, or against a different enemy or armed force. b. Soldiers who served in Vietnam between 3 July 1965 and 28 March 1973 are eligible to receive the Vietnam Service Medal. One bronze service star is authorized for each campaign in which the Soldier participated. c. Table B-1 (Campaigns, Service Requirements, and Inscriptions prescribed for Streamers) shows the approved campaigns for Vietnam. It includes the Vietnam Advisory Campaign (15 March 1962 to 7 March 1965). d. 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. 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows Headquarters, U.S. Military Assistance Command, and its subordinate units, were awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 8 February 1962 to 28 March 1973. DA General Orders (DAGO) Number 8, 1974 announced this award. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. For 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. There must have been no convictions by a court-martial. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of his or her military service. Chapter 2 of the regulation contained guidance on the preparation of the DD Form 214. a. Item 24c was to show the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR, USARPAC. b. Later versions of the regulation stipulated the exact dates of service in Vietnam were to be annotated in the remarks section of the DD Form 214. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show all awards for which he is eligible so that his service in Vietnam is properly reflected. 2. Regarding awards for his service in Vietnam: a. His DD Form 214 currently shows the Armed Forces Expeditionary Medal. In a phone conversation on 21 June 2016, he requested this award be withdrawn and replaced with the Vietnam Service Medal. He has qualifying service for one campaign, which would be indicated by adding one bronze service star to the Vietnam Service Medal. b. He has qualifying service for the award of the Republic of Vietnam Campaign Medal with Device (1960). c. The unit to which he was assigned while in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 3. With respect to more clearly showing his service in Vietnam, at the time the applicant was REFRAD, there was no regulatory requirement to specifically list service in Vietnam. In subsequent versions of the applicable regulation, the dates of service in Vietnam were included in the DD Form 214. There is no harm to the Army or the Soldier if his Vietnam service is reflected in the remarks block of his DD Form 214. 4. It appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 10 January 1962 through 16 December 1963. His records revealed the following: * there is no derogatory information in his available record * he received all "excellent" ratings for conduct and efficiency throughout his term of service //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011781 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011781 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2