RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20040010639


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, his military awards and decorations.

2.  The applicant states, in effect, that his military records do not
reflect all of the awards that he is entitled to.

3.  The applicant provides a self-authored statement and two letters that
he received from the National Personnel Records Center pertaining to
previous requests for awards, dated 29 March 2004 and 6 September 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 January 1963, the date of his separation from active duty.
The application submitted in this case is dated 16 November 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military service records show that he enlisted in the
Regular Army on 1 February 1960.  After completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty 323 (Telephone Installation Repairman).

4.  The available service records show that the applicant was assigned to
the U.S. Army Support Group Detachment and attached to the 57th Signal
Company (Support) in Korea, from 9 July 1960 through 12 July 1961.  Records
also show that he was assigned to the 178th Signal Company, 39th Signal
Battalion (Support) in Vietnam, from 6 May 1962 through 18 January 1963.
He was separated from the U.S. Army under honorable conditions on 21
January 1963 after serving 2 years, 11 months, and 21 days.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), Item 26 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
he was awarded the Expert Badge with M-1 Carbine Bar and Armed Forces
Expeditionary Medal.

6.  The applicant provided a list of awards that he has not received, which
include the Army Good Conduct Medal, Vietnam Service Medal, American
Defense Service Medal, Army Service Ribbon, Combat Service, Army Overseas
Service Ribbon, Army Presidential (Unit) Citation, Vietnam Presidential
Unit Citation, Overseas Service Commemorative Medal, and U.S. Army
Commemorative Medal.

7.  The applicant's military service records do not contain any orders or
evidence that he was awarded the decorations he is requesting.

8.  The applicant also provided two letters from the National Personnel
Records Center that verified his entitlement to the National Defense
Service Medal, Armed Forces Expeditionary Medal, Expert Badge with Carbine
Bar, Marksman Badge with Rifle Bar, and the Republic of Vietnam Campaign
Ribbon with Device (1960).  The documentation also shows that the applicant
was not entitled to the Vietnam Service Medal because he was issued the
Armed Forces Expeditionary Medal.  In addition, the applicant was advised
that he was authorized the Korea Defense Service Medal, but the medal was
not yet available.

9.  A review of the applicant's records reveals that he may be entitled to
some of the awards he requests and other awards, which are not shown on his
DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to the 178th Signal Company (Vietnam), the unit was
cited for award of the Meritorious Unit Commendation by Headquarters,
Department of the Army, General Orders Number 3, 1966.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 178th Signal Company, the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 8, 1974.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal 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.

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1 or appropriate Department of the
Army message.  There are special provisions regarding authorization for the
Overseas Service Bar for service in a hostile fire zone and for combining
service to calculate award of the bars.  For Vietnam service, one overseas
service bar is authorized for each period of 6 months active Federal
service as a member of a U.S. Service in Vietnam from
1 July 1958 to 28 March 1973.  Both the month of arrival and the month of
departure from Vietnam are counted as whole months for credit toward the
overseas service bar.

15.  In February 2004, the Department of Defense approved the Korea Defense
Service Medal for award as recognition for military service in the Republic
of Korea and the surrounding waters after 28 July 1954 and ending on such a
future date, as determined by the Secretary of Defense.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  Paragraph 2-13d specifically provides that 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, a unit personnel officer may award the Vietnam Service Medal
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.
17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Defense Service Medal for service within the American Theater
between 8 September 1939 and 7 December 1941 under orders to active duty
for a period of 12 months or longer.

18.  Army Regulation 600-8-22 shows that the Army Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  This regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award upon successful completion of initial
entry training.  The award may be awarded retroactively to those personnel
who completed the required training before 1 August 1981 provided they had
an Active Army status on or after 1 August 1981.

19.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.  The award may be awarded retroactively to those personnel who were
credited with a normal overseas tour completion before 1 August 1981
provided they had an Active Army status on or after 1 August 1981 and the
overseas service is not recognized with another U.S. service medal.
Numerals are used to denote the second and subsequent awards of the
Overseas Service Ribbon.

20.  Army Regulation 600-8-22 provides, in pertinent part, that 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 and the unit must be cited in Department of
the Army General Orders.
21.  Army Regulation 600-8-22 does not authorize "commemorative" awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Army Good
Conduct Medal, the Vietnam Service Medal, the American Defense Service
Medal, the Army Service Ribbon, Combat Service, the Army Overseas Service
Ribbon, the Army Presidential (Unit) Citation, Vietnam Presidential Unit
Citation, the Overseas Service Commemorative Medal, and the U.S. Army
Commemorative Medal.

2.  Documentation authorized the applicant award of the Armed Forces
Expeditionary Medal; therefore, he is not entitled to award of the Vietnam
Service Medal.

3.  There is no evidence of records that the applicant is entitled to award
of the American Defense Service Medal, the Army Service Ribbon, the Army
Overseas Service Ribbon, the Army Presidential (Unit) Citation, or the
Vietnam Presidential Unit Citation.

4.  Army Regulation 600-8-22 does not authorize commemorative awards.
These awards are normally created and offered by private organizations.
Therefore, the applicant is not entitled to award of the Overseas Service
Commemorative Medal or U.S. Army Commemorative Medal by the U.S. Army.

5.  General Orders awarded the applicant the Meritorious Unit Commendation
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
Therefore, it would be appropriate to correct his records to show these
unit awards.

6.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 1 February 1960 through 21 January 1963 based on completion
of a period of qualifying service ending with the termination of a period
of Federal military service.  Therefore, he is entitled to correction of
his records to show this award.

7.  Documentation authorized the applicant award of the Vietnam Campaign
Medal.  Therefore, it would be appropriate to correct his records to show
this award.

8.  Documentation authorized the applicant award of one (1) overseas
service bar for his combat service.  Therefore, it would be appropriate to
correct his records to show this award.

9.  Documentation authorized the applicant award of the Korea Defense
Service Medal.  Therefore, it would be appropriate to correct his records
to show this award.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 January 1963, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 20 January 1966.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JEV__  __RJW__  ___RR__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected to show award of the Army
Good Conduct Medal (First Award) for the period 1 February 1960 through 21
January 1963, the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Vietnam Campaign Medal, one
(1) overseas service bar, and the Korea Defense Service Medal.

2.  The Board further determined that 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
award of the Vietnam Service Medal, the American Defense Service Medal, the
Army Service Ribbon, the Army Overseas Service Ribbon, the Army
Presidential (Unit) Citation, the Vietnam Presidential Unit Citation, the
Overseas Service Commemorative Medal, and the U.S. Army Commemorative
Medal.




                            ______James E. Vick_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010639                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19630121                                |
|DISCHARGE AUTHORITY     |AR 635-205, Paragraph 7                 |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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