RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20040010984


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 that his records be corrected by awarding him a
foreign service medal.

2.  The applicant states, in effect, that he was never issued an award to
show that he served overseas during Vietnam and that this is preventing him
from renewing his membership in the Veterans of Foreign Wars (VFW).

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or
Separation) and an incomplete set of orders transferring him from the 2nd
Logistical Command to the separation point.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 April 1970, the date of his release from active duty.  The
application submitted in this case is dated 18 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 records show he entered active duty on 16 April 1968,
completed training, and was awarded the military occupational specialty
(MOS) 64A (Light Vehicle Driver).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates at
item 31 (Foreign Service) that he served with USARPAC-Okinawa from
4 November 1968 through 8 April 1970.

5.  The DA Form 20 lists his Record of Assignments as with:

      a.  the 16th Maintenance Company (attached to the 585th Maintenance
Company) USARPAC from 9 December 1968 through 3 March 1969;


      b.  the 585th Maintenance Company USARPAC – Okinawa from 4 March
through 14 March 1969;


      c.  the Army Maintenance Operation Directorate, 2nd Logistical
Command, USARPAC, from 15 March 1969 through 26 April 1969; and


      d.  the 2nd Logistical Command Augmentation, from 27 April 1969
through 7 April 1970.


6.  The DA Form 20 also lists his conduct and efficiency ratings as
excellent.

7.  The applicant was honorably released, as a specialist five (E-5), from
active duty on 7 April 1970.  His DD  Form 214 shows that he had 1 year, 11
months, and 22 days of creditable service.  The Foreign Service is shown as
1 year, 5 months and 1 day.  His authorized awards are shown as the
National Defense Service Medal.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) indicates that:

      a.  the 2nd Logistical Command was awarded the Meritorious Unit
Citation for the periods 31 October 1965 through 31 December 1966, January
1967 through June 1970, and 1 July 1970 through 14 May 1972; and


      b.  the 2nd Logistical Command Augmentation was awarded the
Meritorious Unit Citation for the period 1 July 1970 through 31 December
1971.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 states that
the Vietnam Service Medal is awarded to all members of the Armed Forces of
the United States serving in Vietnam and its contiguous waters or airspace
from 3 July 1965 through 28 March 1973.  Members of the Armed Forces of the
United States in Thailand, Laos, or Cambodia, or the airspace, during the
same period and serving in direct support of operations in Vietnam are also
eligible for this award. The northern most point of the area of operations
for Vietnam is listed as 21° N. latitude.  [The southern most point of
Okinawa is located at 24° N. latitude.]

10.  Army Regulation 600-8-22 (Awards), chapter 4, states 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.  A record of punishment is not automatically
disqualifying.  However, at that time, a single efficiency rating of less
than excellent was disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
nonfavorable consideration and permits the individual to respond.  At that
time, a disqualification was normally noted on the DA Form 20.

11.  Army Regulation 600-8-22, paragraph 7-15 states that, effective 1
March 1961, the Meritorious Unit Commendation (MUC) is authorized for units
for exceptionally meritorious conduct in performance of outstanding
services for at least 6 continuous months in support of military
operations.  Service, as used in this paragraph, is interpreted to relate
to combat service support type activities and not to the type of activities
performed by senior headquarters, combat, or combat support units.  Service
in a combat zone is not required, but service must be directly related to
the combat effort.  A Bronze Oak Leaf Cluster is authorized for each
subsequent award of the MUC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his conduct and efficiency ratings and his
promotion to E-5.  The record contains no indication of any disqualifying
incidents or recommendations.  It is appropriate to award the applicant the
Good Conduct Medal for his period of service from 16 April 1968 through 7
April 1970.

2.  In addition to the award of the National Defense Service Medal, the
applicant is also authorized award of the Meritorious Unit Commendation
with one Bronze Oak Leaf Cluster.

3.  Although the applicant was assigned to two separate units that were
awarded a Meritorious Unit Commendation, and both units were serving in
direct support of operations in Vietnam, this award does not demonstrate
service in the theater of operations for which a foreign service medal was
authorized.

4.  The applicant has not provided nor does the record document that he
served at any period in Vietnam or within the geographical areas denoted in
the regulation.  His service on the island of Okinawa does not fall within
the established area of operations for award of the Vietnam Service Medal.




5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_LE_____  __LGH__  __PMS__  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 by awarding the applicant
the Good Conduct Medal for his period of service from 16 April 1968 through
7 April 1970.

2.  The Board also determined that, in addition to the award listed on his
DD Form 214, the applicant is also authorized award of the Meritorious Unit
Commendation with one Bronze Oak Leaf Cluster.

3.  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.




                            __       Lester Echols____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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