ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 February 2019 DOCKET NUMBER: AR20170019677 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by: * adding the Vietnam Service Medal and all other awards he is authorized * showing his Vietnam service from 16 August 1965 to 19 December 1965 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Documents from his military service record * Service medical records 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 that the entry of data on his DD Form 214 is relevant to his Foreign Service time in Vietnam and decorations he received for this service. 3. The applicant was inducted into the Army of the United States on 21 November 1963. 4. His DA Form 20 (Enlisted Qualification Record) shows: a. item 33 (Appointments and Reductions) - he was advanced to private first class/E-3 on 11 August 1964. b. item 38 (Record of Assignments) - he departed for assignment in the U.S. Army Pacific, Vietnam, on 16 August 1965 and was assigned to Headquarters and Headquarters Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile), in Vietnam from 17 September 1965 to 18 November 1965. c. item 41 (Awards and Decorations) - the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar. 5. Orders published on 12 November 1965 transferred him to the Replacement Center at Camp Alpha, Tan Son Nhut Air Force Base, Republic of Vietnam, for assignment to the U.S. Army Station, Oakland, CA with an effective date of change of strength accountability of 21 November 1965. 6. On 4 December 1965, he was released from active duty. He was credited with 2 years and 11 days of active military service with no lost time. His DD Form 214 shows: * item 24c (Foreign and/or Sea Service) - refers to item 32 (Remarks) which reflects the entry "US Army Vietnam"; no entry for length of foreign service * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - he was awarded or authorized the Armed Forces Expeditionary Medal for service in Vietnam 7. The Military Awards regulation states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Records show the applicant served in Vietnam from 16 August to 18 November 1965 and is eligible for award of the Vietnam Service Medal. 8. The applicant received the Armed Forces Expeditionary Medal for service in Vietnam. The Military Awards regulation states that service members who earned 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 of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam. The governing regulation provides that, upon request, the Armed Forces Expeditionary Medal may be deleted and the Vietnam Service Medal may be added in its place. 9. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by the chain of command of command from receiving the Army Good Conduct Medal. Records do not show indiscipline or lost time. His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service. 10. The applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 21 November 1963 to 4 December 1965 ending with the termination of a period of active Federal service. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that relief was warranted. Upon his request, the Board determined replacing the AFEM was the request of the applicant. If that was not the case, the applicant may reapply and have the AFM replace the VSM. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Vietnam Service Medal. Additionally, prior to closing the case, the Board determined that the administrative corrections to the applicant’s military record annotated in the administrative notes below should also be made to complete the accuracy of his military record. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214. As a result, amend the DD Form 214 by adding the: * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * National Defense Service Medal ? 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) 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. 3. Army Regulation 600-8-22 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. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 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 for item 24c, enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214. 5. 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. ABCMR Record of Proceedings (cont) AR20170019677 2 1