From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD OF   
           
Ref:   (a) 10 U.S.C. §1552 
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
       (3) Transmittal of and/or Entitlement to Awards dtd 8 May 12 
       (4) Advisory Opinion, NDBDM/109-20 of 11 Aug 2020 
       
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect his entitlement to the National Defense Service Medal, Vietnam Service Medal (1 bronze star), Meritorious Unit Commendation Ribbon, Humanitarian Service Medal, and Armed Forces Expeditionary Service Medal. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 25 September 2020, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval service records, and applicable statutes, regulations, policies as well as an advisory opinion (AO) from Navy Department Board of Decorations and Medals (NDBDM) dated11 August 2020.  
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.  
 
     c.  Petitioner enlisted in the Navy on 6 October 1972 and served honorably until his release from active duty on 25 September 1975.  His DD Form 214 indicates he received the National Defense Service Medal.   
 
     d.  On 8 May 2012, Navy Personnel Command (PERS 312B) determined Petitioner is entitled to wear the National Defense Service Medal, Vietnam Service Medal (1 bronze star), Meritorious Unit Commendation Ribbon, and Humanitarian Service Medal.  See enclosure (3). 
 
     e.  NDBDM reviewed Petitioner’s record and provided an AO on 11 August 2020.  The AO noted Petitioner contends he’s entitled to the “Armed Forces Expeditionary Service Medal” but since there is no Department of Defense (DoD) medal by that name, the AO assumed Petitioner was requesting the “Armed Forces Expeditionary Medal.”   After review, the NDBDM determined he is not entitled to the Armed Forces Expeditionary Medal because he elected to receive the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal for the only period of his service that qualified for either one of those.  Further, DoD and Department of the Navy regulations prohibit receipt of both of those medals for the same service in Vietnam.  See enclosure (4).   
 
CONCLUSION: 
 
Upon review and consideration of the evidence of record, the Board determined Petitioner’s request warrants partial relief. 
 
The Board determined Petitioner is entitled to wear the National Defense Service Medal, Vietnam Service Medal (1 bronze star), Meritorious Unit Commendation Ribbon, and Humanitarian Service Medal. 
 
Relying upon the NDBDM AO, the Board determined Petitioner is not entitled to the Armed Forces Expeditionary Medal.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a Change to Certificate of Release or Discharge from Active Duty (DD Form 215), to indicate his additional entitlement to the Vietnam Service Medal (1 bronze star), Meritorious Unit Commendation Ribbon, and Humanitarian Service Medal. 
 
No further changes be made to Petitioner’s record. 
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 
 
Upon request, the VA be informed that Petitioner’s application was received by the Board on 23 July 2019. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and  having assured compliance with its provisions, it is hereby announced that the foregoing  
corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 

11/21/2020
Executive Director