ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 August 2019

	DOCKET NUMBER:  AR20170012089


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 (VSM), Armed Forces Expeditionary Medal (AFEM) and the National Defense Service Medal (NDSM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-authored statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Unit Orders Number 3
* Web Page of 173rd Brigade Support Battalion History
* Two Articles
* Four Photos
* DD Form 214 (Certificate of Release or Discharge from Active Duty) 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his DD Form 214 does not reflect his service in Vietnam or the medals that would correspond with service in Vietnam.  He would like to be awarded the  VSM, AFEM, and NDSM for his service in Vietnam from May to September 1965. 

3.  The applicant provides:

	a.  A self-authored statement, which states in summary that he served honorably in the Army from 21 May 1963 to 20 May 1966.  He was stationed with Alpha Company, 173rd Support Battalion in Okinawa, Japan.  He arrived at Bien Hoa, Vietnam on or about 13 May 1965.  On September 1965, he returned on emergency leave and was honorably discharged and transferred to the Army Reserve on 20 May 1966.  

	b.  His DD Form 214 that shows his service from 21 May 1963 to 20 May 1966.  

	c.  The197rd Support Battalion, San Francisco, CA, Unit Order Number 3, dated 22 January 1964, that shows he was promoted to E-3.  

	d.  The 173rd Brigade Support Battalion article of its history.  

	e.  Two articles of the 173rd Airborne Brigade (Separate) history and deployment with a handwritten note that stated “this document retrieved from 173rd Airborne Brigade yearbook, dated 1963 – 1965”, with a handwritten drawing, showing the applicant’s unit of assignment”.

	f.  Three photographs of an unknown person, with handwritten notes.

	g.  His DD Form 214 showing his service in the Army National Guard from              29 November 1990 to 13 June 1991.  

4.  The applicant enlisted in the Regular Army on 21 May 1963 and held the military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).

	a.  His DA Form 20 (Personnel Qualification Record) shows:

* item 31 (Foreign Service), he served in Okinawa, Japan, from 5 December 1963 to 8 July 1965
* item 38 (Record of Assignments) from 24 December 1963 he was assigned to 173rd Support Battalion, APO 50

	b.  His service record is void of documentation to show that while assigned to the 173rd Support Battalion, APO 50 this unit provided direct support, which involved actually entering the designated area (Vietnam).

	c.  On 6 June 1968, the Illinois Veterans’ Commission office requested for military service information from the Office of the Adjutant General, St. Louis, MO on the applicant to verify entitlement to the AFEM or VSM for service in Vietnam.  

	d.  The Office of the Adjutant General, St. Louis, MO responded, by letter, on 16 July 1968 and stated the official record of the applicant showed that he is entitled to the VSM.  They provided a DA Form 1577 (Authorization for Issuance of Awards) that stated the Republic of Vietnam Campaign Medal was awarded by the Republic of Vietnam.  The Army does not issue this foreign award, but does provide the pertinent ribbon.  It states that he is authored the Vietnam Service Medal and the Republic of Vietnam Campaign Medal Ribbon with Device (1960).  These awards are authorized for service in the Vietnam Area of Operations, which includes Laos.  

	e.  He was honorably released from active duty on 29 June 1969, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the:  

* Parachutist Badge
* Expert Badge, Rifle

	f.  His DD Form 214, a member – 1 copy, is void in his service record, it shows he served in the Army National Guard from 29 November 1990 to 13 June 1991.  He held the MOS 153B (UH-1 Pilot), his characterization of service is unknown.  Item 19 (Remarks) stated he was ordered to active duty in support of Operation Desert Shield/Desert Storm, SWA 11 February 1991 to 17 May 1991.  It also shows that he was awarded or authorized the:  

* Parachutist Badge
* Army Service Ribbon
* Army Aviation Badge
* Republic of Vietnam Campaign Medal
* Army Reserve Components Achievement Medal

5.  By regulation Army Regulation (AR) 600-8-22 (Military Awards) , the Vietnam Service 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.

6.  By regulation, 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.  

7.  By regulation, the National Defense Service Medal is authorized for periods of qualifying service on or between the dates as follows:

* 27 July 1950 and 27 July 1954
* 1 January 1961 and 14 August 1974
* 2 August 1990 and 30 November 1995
* 11 September 2001 and a date to be determined




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined partial relief was warranted.  Based upon the documentary evidence provided by the applicant and within the military service record, the Board concluded that the service of the applicant fell within the qualifying period for the National Defense Service Medal and that award is not currently reflected on his DD Form 214.  The Board recommended correcting that error.

However, the Board also found that all military records of the applicant show that he served in Okinawa, Japan.  There are no records that show the applicant serving in Vietnam.  Because of that, the Board recommended denying the portion of the application related to the VSM and the AFEM.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the National Defense Service Medal.
2.  The Board further determined 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 awarding and adding the  Vietnam Service Medal and the Armed Forces Expeditionary Medal.
	 
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual military decorations.

	a.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  It states 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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	c.  It also states 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.  It defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.


ABCMR Record of Proceedings (cont)	 AR20170012089


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