ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 14 February 2020 DOCKET NUMBER: AR20190007514 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States – Report of Transfer or Discharge) to show award of the following: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 24 May 2019 * DD Form 214 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 (ABCMR) 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 for the period ending 6 March 1966 to show award of Republic of Vietnam Campaign Medal with Device (1960). 3. The Board will consider his request for award of the Vietnam Service Medal and the Presidential Unit Citation. 4. The applicant states: a. He served in Vietnam and he was awarded the Armed Forces Expeditionary Medal. b. He was not awarded the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Presidential Unit Citation for the time he served with the 1st Cavalry Division in Vietnam from 1965 to 1966.? 5. On 10 March 1964, he was inducted into the Army of the United States. 6. His DA Form 20 shows in: a. item 31 (Foreign Service), he served in United States Army Pacific Command, Vietnam, from 23 June 1965 to 5 March 1966 for 8 months. b. item 38 (Record of Assignments), he served with the 11th Ordnance Company (Direct Automotive Support), Vietnam, from 14 July 1965 to 25 February 1966. 7. On 6 March 1966, he was honorably released from active duty. His DD Form 214 shows in: a. item 12 (Last Duty Assignment and Major Command) – 11th Ordnance Company, Vietnam; b. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * Armed Forces Expeditionary Medal (Vietnam) * Expert Marksmanship Qualification Badge with Rifle (M-14) 8. Army Regulation 600-8-22 (Military Award) prohibits award of both the Vietnam Service Medal and Armed Forces Expeditionary Medal. Upon request, service members may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. 9. Army Pamphlet 600-8-22, Appendix B (Unit Decoration and Campaign Register from 1962 to 1987) does not list award of the Presidential Unit Citation for the 11th Ordnance Company. 10. On 23 October 2019, 3 November 2019, and 5 November 2019, the applicant was sent email explaining the guidance on award pf both the Armed Forces Expeditionary Medal and Vietnam Service Medal for the same period. He was asked to choose between the two medals. He did not respond. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. Based upon the administrative review conducted by the analyst of record as mentioned above, the Board concluded the applicant was entitled and should be awarded the Republic of Vietnam Campaign Medal with Device (1960), as requested. ? However, based upon regulatory guidance (AR 600-8-22), the applicant cannot be awarded the Vietnam Service Medal and the Armed Forces Expeditionary Medial (Vietnam) for the same service. Because the applicant has already been awarded the Armed Forces Expeditionary Medal for that service and he didn’t explicitly request to be awarded the Vietnam Service medal over the Armed Forces Expeditionary Medal, the Board concluded there was insufficient event to award the VSM. Additionally, based upon information in Army Pamphlet 600-8-22, the applicant’s unit was not awarded the Presidential Unit Citation for any service the applicant served. 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 Republic of Vietnam Campaign Medal with Device (1960). 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 Vietnam Service Medal and the Presidential Unit Citation. 3. Prior to closing the case, the Board noted the additional administrative notes below from the analyst of record and recommended those changes also be completed to more accurately reflect the military service of the applicant. . 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): The applicant was authorized the following awards not listed on his DD Form 214: * National Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 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: a. The Armed Forces Expeditionary Medal is awarded to service members of the Armed Forces of the United States who, after 1 July 1958: (1) Participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. (2) Encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. b. The Armed Forces Expeditionary Medal may be authorized for the following three categories of operations: (1) U.S. military operations. (2) U.S. operations in direct support of the United Nations. (3) U.S. operations of assistance for friendly foreign nations. c. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or and meets one or more of the following criteria: (1) Be engaged in actual combat, or duty, which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area. (2) Is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time. (3) Accumulates required days service (consecutive or nonconsecutive) while participating as a regularly assigned air crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. One day’s service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit. d. No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation. e. 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. f. 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty g. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. h. All unit awards approved at Headquarters, Department of the Army will be announced and confirmed in Army general orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007514 4 1