RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060015840 


	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

Ms. Phyllis B. Mackey                 

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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, that his DD Form 214, (Armed Forces of the United States, Report of Transfer or Discharge) be corrected by showing all awards and decorations that he is entitled to.

2.  The applicant states, in effect, that his DD Form 214 only shows the award of the National Defense Service Medal.  He believes that he is entitled to the Good Conduct Medal, as well as other awards based on his service in Southeast Asia (Thailand).  He states that his DD Form 214 should be as accurate and complete as possible.  

3.  The applicant provided an addendum to his request which stated that he believes he should have been awarded the Vietnam Service Medal and the Vietnam Campaign Medal.  He states that he served 1 year and 5 days in Thailand in support of operations from September 1964 to September 1965, while based at Headquarters, 9th Logistical Command, Korat, Thailand.

4.  In support of his application, the applicant submits a copy of his DD Form   214 and a personal statement letter. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error or injustice, which occurred on 31 March 1967, the date of his release from active duty.  The application submitted in this case is dated 25 October 2006 but was received for processing on 13 November 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 limitation 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 enlisted in the Regular Army on 2 April   1964 in the rank/grade of Private/E-1.  He completed basic combat training at Fort Ord, California, and his advanced individual training at Fort Gordon, Georgia.  After completing all required training, he was awarded the military occupational specialty (MOS), 95B (Military Policeman).

4.  The applicant was assigned to the 9th Logistical Command, 513th Military Police Detachment (Thailand), from 12 September 1964 to 11 September 1965.

5.  The applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement), St. Louis, Missouri, on 31 March 1967, under the provisions of Army Regulation 635-200, at the expiration of his term of service.  He was released from active duty in the rank/pay grade of Sergeant/E-5.  On the date he was released from active duty, he had completed 2 years, 11 months, and 29 days of active military service, with no lost days.

6. The applicant’s DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), shows his entitlement to the National Defense Service Medal and the award is listed in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214.

7.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle), in Special Orders Number 91, published by Headquarters, 3rd Brigade, US Army Training Center, Fort Ord, California, dated 29 May 1964.  This award is not shown on his DD Form 214.  

8.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Pistol Bar (.45 Caliber Pistol), in Special Order Number 207, published by Headquarters US Army Garrison, Fort Lewis, Washington, dated
6 December 1966.  This award is not shown on his DD Form 214.  

9.  The applicant was recommended for award of a Good Conduct Medal when he out-processed from his unit.  However, there are no orders in his personnel file to verify the issuance of the award.  

10.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

11.  Army Regulation 672-5-1, in effect at the time of the applicant's separation, provides that the Good Conduct Medal is awarded to Soldiers 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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

12.   Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that Headquarters and Headquarters Detachment, 9th Logistical Command, was awarded the Meritorious Unit Commendation, for outstanding service during the period April 1965 through June 1966, by Headquarters, Department of the Army General Orders Number 40, dated 1967.  The applicant was assigned to this unit at the time the unit was cited for this award.  

13.  The applicant believes he is entitled to the Vietnam Service Medal and the Vietnam Campaign Medal for his service in support operations in Vietnam during the time he was serving in the 9th Logistical Command.

14.  Army Regulation 600-8-22 provided, in pertinent part, that the Republic of Vietnam Campaign Medal, a foreign award, was awarded to individuals who served in Vietnam for 6 months during the period 1 March 1961 to 28 March 1973. 

15.  Army Regulation 600-8-22 also 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.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge, with Pistol Bar.  These qualification badges are not shown on his DD Form 214.  He is entitled to have these badges added to his DD Form 214. 

2.  The applicant was recommended for award of a Good Conduct Medal when he out-processed from his unit.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal, for the period from 2 April 1964 through 31 March 1967.  The applicant is therefore entitled to this award and to have it added to his DD Form 214.

3.  The applicant served in a unit, which was awarded the Meritorious Unit Commendation while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214.

4.  There is no evidence in the applicant’s records to support the award of either the Vietnam Service Medal or the Republic of Vietnam Campaign Medal.  

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 March 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 March 1970.  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 

___D____  __WDP_  ___WFC_  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 the individual the Meritorious Unit Commendation and adding this unit award to his DD Form 214;

b.  adding the already-awarded Expert Marksmanship Qualification Badge, with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge, with Pistol Bar, to the individuals DD Form 214; and 

	c.  awarding the individual the Good Conduct Medal, for the period 2 April 1964 through 31 March 1967 and adding this award to his DD Form 214. 

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 the applicant a Vietnam Service Medal and Republic of Vietnam Campaign Medal.  




______William D. Powers________
          CHAIRPERSON





	
INDEX

CASE ID
AR20060015840
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070426
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR 635-200  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.