RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060014689 


	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 J. Fowler

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Patrick H. McGann Jr.

Member

Mr. Gerald J. Purcell

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 correction of his records to show award of the Army Good Conduct Medal, the American Defense Commemorative Medal, the Combat Service Commemorative Medal, the Cold War Victory Commemorative Medal, the Foreign Expeditionary Service Commemorative Medal, the Army Service Commemorative Service Medal, and the Honorable Service Commemorative Medal.

2.  The applicant states, in effect, that at the time of his service he was not issued the above medals.

3.  The applicant provides an undated Certificate of Recognition from the Secretary of Defense; a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 17 November 1964; and a DD Form 214 with the ending period 17 January 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 17 January 1969.  The application submitted in this case is dated 8 October 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.  The applicant was inducted into the U.S. Army on 15 November 1961 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 111.60 (Light Weapons Infantryman).  The applicant was honorably separated on 1 February 1962 and immediately reenlisted on 2 February 1962.  

4.  On 17 November 1964, the applicant was honorably released from active duty in the rank of Sergeant/E-5 after completing 3 years and 3 days of creditable active service with no lost time.  He was transferred to the United States Army Reserve Control Group.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with the period ending 17 November 1964 shows the entry "None." 

6.  The applicant enlisted in the Regular Army on 19 January 1966 for a three year term of service.  

7.  The applicant arrived in Vietnam and was assigned to I Troop, 3rd Squadron, 11th Armored Cavalry Regiment on or about 23 August 1966.  He departed Vietnam on 19 June 1967.  

8.  The applicant was honorably released from active duty on 17 January 1969 in the rank of Sergeant/E-5 after completing 2 years, 11 months, and 29 days of creditable active service on that enlistment with no lost time.

9.  The applicant's DD Form 214 with the period ending 17 January 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, the Purple Heart, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  There is no evidence the applicant received an award of the Army Good Conduct Medal.  His records do not contain any adverse information for his initial period of service and his DA Form 24 (Service Record) shows his conduct and efficiency ratings as "excellent" through that period of service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided the policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  This regulation also list awards for Active Army, the Army National Guard, and the U.S. Army Reserve.  The American Defense 
Commemorative Medal, the Combat Service Commemorative Medal, the Cold War Victory Commemorative Medal, the Foreign Expeditionary Service Commemorative Medal, the Army Service Commemorative Service Medal, and the Honorable Service Commemorative Medal are not listed as Army awards.
13.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of records shows the applicant was inducted into the U.S. Army on 15 November 1961 and was honorably released on 17 November 1964 after completing 3 years and 3 days of creditable active service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 15 November 1961 through 17 November 
1964 based on completion of a period of qualifying service.  

2.  The American Defense Commemorative Medal, the Combat Service Commemorative Medal, the Cold War Victory Commemorative Medal, the Foreign Expeditionary Service Commemorative Medal, the Army Service Commemorative Service Medal, and the Honorable Service Commemorative Medal are not listed in Army Regulation 600-8-22 as authorized awards.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 January 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
16 January 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JEV    _  __PHM__  ___GJP_  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:

	a.  by awarding the applicant the Army Good Conduct Medal 
(1st Award) for the period 15 November 1961 through 17 November 1964; and
	
	b.  by amending his DD Form 214 for the period ending 17 January 
1969 to add the Army Good Conduct Medal (1st Award) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

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 awarding him the American Defense Commemorative Medal, the Combat Service Commemorative Medal, the Cold War Victory Commemorative Medal, the Foreign Expeditionary Service Commemorative Medal, the Army Service Commemorative Service Medal, and the Honorable Service Commemorative Medal.




__      _James E. Vick_      _
          CHAIRPERSON




INDEX

CASE ID
AR20060014689
SUFFIX

RECON

DATE BOARDED
24 APRIL 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
SHATZER
ISSUES         1.
136.0600.0000
2.
107.0056.0000
3.

4.

5.

6.