RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060014696 


	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

Mrs. Phyllis M. Perkins

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. David K. Haasenritter

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 that his records be corrected to show award of the Vietnam Service Medal, Overseas Service Ribbon, Army Service Ribbon, Army Commendation Medal, Korean Defense Service Medal, National Defense Service Medal and a Good Conduct Medal (2nd Award). 

2.  The applicant states, in effect, several awards and decorations were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge. 

3.  The applicant provides a copy of DD Form 214, DD Form 256a (Honorable Discharge Certificate), NGB Form 55 (Honorable Discharge Certificate), an Application for a Search of the Records Service, and a Certificate of Naturalization, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 3 June 1966, the date of his discharge from active duty.  The application submitted in this case is dated 29 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.  The applicant requested correction of his records to show award of the Army Commendation Medal.  There are no orders or other evidence that the applicant was authorized this award.  In the absence of authority for this award, the applicant may request award of the Army Commendation Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these awards under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.


4.  The applicant's service personnel records show he was inducted in the Army on 3 September 1959.  Records show he was awarded military occupational specialty (MOS) 11C (Gunner Mortar), and 11D (Squad Leader).  The applicant reenlisted for a period of six years on 6 June 1960 and was honorably discharged on 3 June 1966.

5.  The applicant's records show subsequent to his discharge from active duty he enlisted and served in the California Army National Guard for a period of one year.  The applicant was honorably discharged on 16 January 1975.  

6.  There is no evidence in the available records which shows the applicant served in the Republic of Vietnam.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the award of the, Vietnam Service Medal, Overseas Service Ribbon, Army Service Ribbon, Army Commendation Medal, Korean Defense Service Medal, National Defense Service Medal, or Good Conduct Medal (2nd Award). 

8.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he was credited with the following tours of overseas services:  in Korea during the periods 9 July 1960 to 10 August 1961 and in Germany, during the period 20 July 1963 to 11 March 1966. 

9.  The applicant's service records reveal a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on two separate occasions for the offenses indicated: on 18 December 1963, for being absent without leave (AWOL) on 13 December 1963 and on 31 July 1965, for being AWOL on 30 July 1965.

10.  On 30 December 1963, the applicant appeared before a board of officers with counsel.  The board of officers carefully considered the evidence and found that the applicant lacked those abilities and qualities required of a person in his grade and experience.  The board recommended that the applicant be reduced to the rank of specialist/ pay grade E-4.





11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13.  Army Regulation 600-8-22 (Military Awards), 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.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

14.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.

15.  Army Regulation 672-5-1 (Military Awards) 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, inclusive.  This regulation also provides that to signify a second award of the National Defense Service Medal a bronze service star will be worn on the service ribbon.

16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  Army Regulation 600-8-22 (Military Awards) 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.

18.  The applicant’s records contain Headquarters, 1st Reconnaissance Squadron, 2nd Armored Cavalry Special Orders Number 57, dated 1 March 1966, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show the following awards:  the Vietnam Service Medal, an Overseas Service Ribbon, an Army Service Ribbon, the Korean Defense Service Medal, the National Defense Service Medal and a Good Conduct Medal (2nd Award) . 

2.  Evidence of show that during the applicant's active duty service, he received two nonjudicial punishments for being AWOL.  Evidence also show he appeared before a board of officers and was reduced from the rank of sergeant/pay grade E-5 to specialist/pay grade E-4, which are disqualifying factors for awarding the Good Conduct Medal (2nd Award).  In view of the misconduct, the applicant is not entitled to the Good Conduct Medal (2nd Award). 

3.  Records do not contain any orders or documentation; nor did the applicant submit any evidence, which shows he was attached to or assigned for one or more days with an organization participating in or directly supporting military operations in the Republic of Vietnam.  In the absence of evidence, there is insufficient basis for award of the Vietnam Service Medal.

4.  Evidence of records confirms that the applicant served on active duty during a qualifying period for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to award of the Armed Forces Expeditionary Medal

5.  Records show the applicant serviced in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show award of the Korea Defense Service Medal.

6.  Evidence of records confirms that the applicant served on active duty during a qualifying period for the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show award of the National Defense Service Medal.

7.  Regulation states the Army Service Ribbon 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.  Records show the applicant was not in an active duty status on or after the implementing date for the award.  Therefore, the applicant is not entitled to award of the Army Service Ribbon.

8.  Regulation states the Overseas Service Ribbon may be awarded to 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.  Records show prior to 1 August 1981, the applicant served an overseas tour in Korea and in Germany while he was on active duty.  However, the applicant was not in an active duty status on or after the implementing date for the award.  Therefore, the applicant is not entitled to award of the Overseas Service Ribbon.

9.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not show on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

10.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 June 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 June 1969.  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 

__PMS__  _EEM_ _  __DKH___  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 Armed Forces Expeditionary Medal, the National Defense Service Medal, the Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

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 the Good Conduct Medal (2nd Award), the Vietnam Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.  




_Paul M. Smith_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.