RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070018770 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 he be awarded the Good Conduct Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal. 

2.  The applicant essentially states that it may have been an oversight that the above awards were not issued to him.

3.  The applicant provides a letter, dated 30 October 2007, from a Veterans Entitlement Officer from the State of New Jersey and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he was inducted into the Army of the United States on 4 January 1962.  He completed basic and advanced individual training and was awarded military occupational specialty 051.10 (Radio Operator).  After initially serving at Fort Carson, Colorado, he departed for the Republic of Vietnam on 18 February 1963, and served with the United States Army Element, Military Assistance Advisory Group, Vietnam.  He returned to the continental United States on 14 December 1963, and on 16 December 1963, he was honorably released from active duty.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Armed Forces Expeditionary Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.


3.  The applicant served 1 year, 11 months, and 13 days of continuous enlisted active duty service from 4 January 1962 to 16 December 1963.  However, his military records do not show that he was awarded the Good Conduct Medal for this period of service.  Although the applicant accepted nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) in August 1963 for failing to sign back in the pass book at 2300 hours on 8 August 1963 after having signed out on pass at 1900 hours the same day, there is no other derogatory information in the applicant’s military record which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Additionally, his conduct and efficiency ratings were all "excellent" for the entire period of qualifying service, including the time in which he accepted nonjudicial punishment.  He was also not convicted by a court-martial.

4.  The applicant's DD Form 214 does not show that he was awarded the National Defense Service Medal.  However, the applicant served on active duty from 4 January 1962 to 16 December 1963.

5.  The applicant's DD Form 214 also does not show that he was awarded the Republic of Vietnam Campaign Medal with Device (1960).  However, the applicant served in Vietnam from 18 February 1963 to 14 December 1963.  

6.  The applicant's DD Form 214 does not show that he was awarded the Vietnam Service Medal for his service in Vietnam from 18 February 1963 to 
14 December 1963.  However, this document does show that he was awarded the Armed Forces Expeditionary Medal for his Vietnam Service, and the applicant did not specifically request that he be awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal he has already been awarded for his service in Vietnam.

7.  During a review of the applicant’s record, it was determined that he is entitled to an additional award that is not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to the United States Army Element, Military Assistance Advisory Group, Vietnam, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.


9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

11.  Army Regulation 600-8-22 also 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. 

12.  Army Regulation 600-8-22 further 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.  Paragraph 
2-12d of this regulation provides that service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 
3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal. 


2.  The applicant served 1 year, 11 months, and 13 days of continuous enlisted active duty service from 4 January 1962 to 16 December 1963, and although accepted nonjudicial punishment under Article 15 of the UCMJ for failing to sign back in the pass book at 2300 hours on 8 August 1963 after having signed out on pass at 1900 hours the same day, there is no other derogatory information in the applicant’s military records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Additionally, his conduct and efficiency ratings were all "excellent" for the entire period of qualifying service, including the time in which he accepted nonjudicial punishment.  He was also not convicted by a court-martial.  Therefore, it would be appropriate to award him the Good Conduct Medal for the period 4 January 1962 to 16 December 1963, and to correct his military record to show the award of the Good Conduct Medal.

3.  The applicant served on active duty during a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal and correction of his military record to show this award.

4.  The applicant served more than 6 consecutive months in Vietnam during a qualifying period of service for award of the Republic of Vietnam Campaign Medal.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal and correction of his military record to show this award.

5.  The applicant requested that he be awarded the Vietnam Service Medal.  However, his service in Vietnam from 18 February 1963 to 14 December 1963 has already been recognized by his award of the Armed Forces Expeditionary Medal, and the applicant did not specifically request to be awarded the Vietnam Service Medal in lieu of his already-awarded Armed Forces Expeditionary Medal. As no service member may be issued both the Armed Forces Expeditionary Medal and the Vietnam Service Medal for service in Vietnam, and the fact that he has already been awarded the Armed Forces Expeditionary Medal for his service in Vietnam, there is no basis for awarding him the Vietnam Service Medal at this time.  The applicant is advised that he should resubmit an application at any time he wishes to be awarded the Vietnam Service Medal, but is also cautioned that if he chooses to do so, his already-awarded Armed Forces Expeditionary Medal will be removed from his military record, and he will no longer be entitled to possess or wear the Armed Forces Expeditionary Medal.



6.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the United States Army Element, Military Assistance Advisory Group, Vietnam while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his military record to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Good Conduct Medal for the period 4 January 1962 to 16 December 1963; and

	b.  awarding him the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), 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 Vietnam Service Medal.  

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        XXX                ___
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070018770



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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