RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060013076 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Michael J. Flynn

Member

Mr. Edward E. Montgomery

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, correction of his Report of Separation from Active Duty (DD Form 214) to show his seven awards of the Army Good Conduct Medal and to remove the duplicate award of the National Defense Service Medal. 

2.  The applicant states, in effect, that he was awarded seven Army Good Conduct Medals but only five are shown on his DD Form 214.  He also states that the Correction to DD Form 214 (DD Form 215), dated 24 June 2005, incorrectly added an extra National Defense Service Medal that should be removed.

3.  The applicant provides a copy of his DD Form 214 effective 30 November 1973; DD Form 215, that corrects DD Form 214 effective 18 April 1952; and orders awarding him his seventh Army Good Conduct Medal. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 November 1973, the date of his retirement.  The application submitted in this case is dated 6 September 2006.

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.  On 7 December 1946, the applicant enlisted in the Regular Army and served until his discharge on 21 April 1948.  He again enlisted on 11 April 1949 and served through a series of reenlistments until he was released from active duty in the rank of first sergeant, pay grade E8 on 30 November 1973 and transferred to the Retired List on 1 December 1973.  He had served 26 years and 6 days of total active service. 
 
4.  The applicant's Enlisted Record and Report of Separation General Discharge (WD AGO Form 53-58) issued on 21 April 1948, shows that the applicant qualified as a marksman with the M1 rifle.

5.  On 18 April 1952, the applicant was issued a DD Form 214 for his period of active duty service from 11 April 1949 to 18 April 1952.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows his awards as the Korean Service Medal with 2 bronze service stars, the Presidential Unit Citation, and the Combat Infantryman Badge.  On 24 June 2005, a DD Form 215 was issued to correct this DD Form 214 by adding the Purple Heart, United Nations Service Medal, National Defense Service Medal, and the Parachutist Badge.

6.  A review of the applicant's records shows that he was issued subsequent 
DD Forms 214 on 20 April 1961; 20 April 1964; 19 April 1968, and 30 November 1973.  A DD Form 214 for his active duty from 20 April 1968 to 31 March 1971 is not available for review.  These forms show that the applicant had qualified as an expert with the submachine gun and pistol and as a sharpshooter with the M14 rifle.

7.  The applicant served in the Republic of Vietnam from 16 January to 
3 November 1971 as the First Sergeant of Troop D, 1st Squadron, 10th Cavalry Regiment.  

8.  On 4 November 1971, the applicant was returned to the United States for duty at Fort Knox, Kentucky.

9.  General Orders Number 64, 5th Training Brigade, United States Army Armor Center and Fort Knox, Fort Knox, Kentucky, dated 9 May 1972, awarded the applicant a seventh Army Good Conduct Medal for the period from 19 April 1967 to 18 April 1970.

10.  The applicant's DD Form 214 for his period of active duty service from 1 April 1971 to 30 November 1973, as corrected by DD Form 215 on 24 June 2005,  shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) his awards as the Purple Heart, United Nations Service Medal, National Defense Service Medal with one oak leaf cluster, five awards of the Army Good Conduct Medal, Korean Service Medal, World War II Victory Medal, Distinguished Unit Citation, Combat Infantryman Badge, Army of Occupation Medal with Germany Clasp, Parachutist Badge, Army Commendation Medal, Vietnam Service Medal, Bronze Star Medal, and an Expert and Sharpshooter Marksmanship Qualification Badge.

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

13.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. 

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaigns: the Vietnam Counteroffensive, Phase VII and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

16.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

17.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

18.  Army Regulation 635-5 (Separation Documents), effective 23 May 1972, provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Officer Qualification Record (DA Form 66), or the Enlisted Qualification Record (DA Form 20) are to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Subsequent editions of the DD Form 214 moved these entries to Item 26 and then to Item 13.  In July 1979, Item 13 added the statement "All periods of service."  

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 215 issued on 24 June 2005, correctly added the National Defense Service Medal to the applicant's DD Form 214 effective 18 April 1952.

2.  General Orders awarded the applicant a seventh Army Good Conduct Medal for the period of service from 19 April 1967 to 18 April 1970.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service from 19 April 1970 to his retirement on 
30 November 1973.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his last period of service was an oversight.  Accordingly, he should be awarded an eighth Army Good Conduct Medal for the period from 
19 April 1970 to 18 April 1973.

4.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.  

5.  The evidence of record clearly and convincingly shows that he performed duties in the Republic of Vietnam during a qualifying period of time for award of the Republic of Vietnam Campaign Medal with "1960" Device.  Therefore, his records should be corrected to add this award.

6.  General Orders show that the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.
7.  Records show that the applicant qualified as a marksman with the M1 rifle.  Therefore, his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M1).

8.  Records show that the applicant qualified as an expert with the submachine gun and the pistol.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Submachine Gun and Pistol Bars.

9.  Records show that the applicant qualified as a sharpshooter with the M14 rifle. Therefore, his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).

10.  Army Regulation requires that second and subsequent awards of the National Defense Service Medal be denoted by a bronze service star.  Therefore, the applicant's records should be corrected to show that he was awarded this medal with one bronze service star vice an oak leaf cluster.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 November 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
29 November 1976.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__EM___  ___CLG_  ___MJF __  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:

	a.   awarding him the Army Good Conduct Medal (8th award) for the period from 19 April 1970 to 18 April 1973;

	b.  deleting the National Defense Service Medal with oak leaf cluster from his DD Form 214 effective 30 November 1973;

	c.  showing that, in addition to the awards shown on his DD Form 214 effective 30 November 1973, his authorized awards include the National Defense Service Medal with one bronze service star, the Army Good Conduct Medal (eighth award), the Korean Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with "1960" Device, the Marksman Marksmanship Qualification Badge with Rifle Bar (M1), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14), the Expert Marksmanship Qualification Badge with Submachine Gun and Pistol Bars, and two bronze service stars to be affixed to his already-awarded Vietnam 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 voiding the National Defense Service Medal that was added to his DD Form effective 18 April 1952, via DD Form 215 on 24 June 2005.




__Curtis L. Greenway____
          CHAIRPERSON




INDEX

CASE ID
AR20060013076
SUFFIX

RECON
 
DATE BOARDED
20070412 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.0056
2.
107.0069
3.

4.

5.

6.