IN THE CASE OF:	

		BOARD DATE:	  14 April 2009

		DOCKET NUMBER:  AR20090001164 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any awards or decorations which he may have been awarded or entitled to. 

2.  The applicant states he believes he is entitled to more than a rifle badge and provides a list of medals for which he believes he may meet the criteria for award.  This list shows the Armed Forces Expeditionary Medal (AFEM) for Cuba, National Defense Service Medal (NDSM), AFEM for Vietnam, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, Vietnam Gallantry Cross, and Republic of Vietnam Civil Actions Unit Citation.

3.  The applicant provides a DD Form 214 and internet printouts of five medals 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 records show he enlisted in the Regular Army on 
11 January 1962.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of canvas and leather repairman.  The highest rank he attained while serving on active duty was specialist/pay grade E-4.

3.  The applicant's records show he was assigned as a shoe repairman at Fort Hood, Texas during the period 22 May through 22 December 1962; in Thailand assigned to the 590th Quartermaster Company during the period 
22 January through 5 July 1963 (5 months and 14 days); and in Hawaii during the period 10 July 1963 through 17 December 1964.

4.  The applicant's DD Form 214 shows that on 23 December 1964 he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) with an honorable characterization of service after completing 2 years, 11 months, and 13 days of creditable active service.  
Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Marksman Marksmanship Qualification Badge (Rifle), Sharpshooter Marksmanship Qualification Badge (Rifle M-1), and Expert Marksmanship Qualification Badge (Rifle M-14).

5.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 does not show award of the AFEM for Cuba, NDSM, AFEM for Vietnam, VSM, Republic of Vietnam Campaign Medal, Vietnam Gallantry Cross, or Republic of Vietnam Civil Actions Unit Citation.

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

7.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded, in part, for honorable active service for any period between 1 January 1961 and   14 August 1974.

8.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal (AGCM) by proper authority while serving on active duty.  The applicant's 
DA Form 24 shows all "excellent" conduct and efficiency ratings and no adverse actions were shown in other available records.
9.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the AGCM the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

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

11.  Army Regulation 600-8-22, Table 2-2 shows the authorized dates for award of the AFEM for Cuba to be 24 October 1962 to 1 June 1963.  

12.  Army Regulation 600-8-22, paragraph 2-13d specifically provides that individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 
3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, a unit personnel officer may award the VSM in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam Service.  

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the VSM.  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.  The boundaries of the Vietnam combat zone for campaign participation credit are defined as an area which includes Vietnam and the water adjacent thereto.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the 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 the Armed Forces for 6 months.  Individuals who had qualified for award of the VSM or the AFEM and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.
15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  It shows the unit the applicant was assigned to, the 590th Quartermaster Company, was not cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation or Republic of Vietnam Civil Actions Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  Available evidence shows the applicant served for a qualifying period of honorable active service between 1 January 1961 and 14 August 1974.  Therefore, he is entitled to award of the NDSM and correction of his DD Form 214 to show this award.

2.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the first award of the AGCM for the period 
11 January 1962 through 23 December 1964 and correction of his DD Form 214 to show this award.

3.  While the applicant asserts he may be entitled to award of the AFEM for Cuba, there is no evidence nor has he provided any evidence that he served in Cuba or in direct support of any operation related to Cuba.  As such, he is not entitled to award of this medal.

4.  While the applicant asserts he served in direct support of operations in Vietnam and he may be entitled to award of the AFEM for Vietnam, there is no evidence nor has he provided any evidence that he served in direct support of this operation.  As such, he is not entitled to award of this medal.

5.  While the applicant asserts he may be entitled to award of the VSM, there is no evidence that the applicant served on active duty during the time this medal was authorized.  As such, he is not entitled to award of this medal.

6.  While the applicant asserts he may be entitled to award of the Republic of Vietnam Campaign Medal, there is no evidence that the applicant served in Vietnam or in direct combat support to the Republic of Vietnam for six months or more.  As such, he is not entitled to award of this medal.

7.  In the absence of evidence that the applicant served in a unit cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Unit Citation, there is insufficient evidence upon which to base award of these foreign unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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 awarding him the AGCM (first award) for the period 11 January 1962 through 
23 December 1964 and the National Defense Service Medal and amending his DD Form 214 to add these two awards.

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 amending his DD Form 214 to show the AFEM for Cuba, VSM, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross Unit Citation, and the Republic of Vietnam Civil Actions Unit Citation.




      _______ _ X  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20090001164





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ABCMR Record of Proceedings (cont)                                         AR20090001164



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