IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090010008 


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 records to show awards of the Korea Defense Service Medal, the Valorous Unit Award, the National Defense Service Medal, the Army Good Conduct Medal, and the Presidential Unit Citation.

2.  The applicant states that he never received any of the above medals or other unit citations and medals.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 24 April 1966, in support of his request.

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 for a period of 3 years on 25 September 1962.  He completed basic combat and advanced individual training and was initially awarded military occupational specialty (MOS) 940.00 (Cook).  He was later awarded MOS 11B (Light Weapons Infantryman).  He was honorably separated in the temporary rank/grade of specialist four (SP4)/E-4 on 24 April 1966 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant's records also show he served in Korea and Vietnam.

	a.  He served in Korea from on or about 30 May 1963 to on or about 27 April 1964.  He was initially assigned to Headquarters and Headquarters Company, 7th Infantry Division; however, on 23 August 1963, he was reassigned to Company A, 7th Supply and Transportation Battalion, 7th Infantry Division.

	b.  He served in Vietnam from on or about 20 August 1965 to on or about 28 April 1966.  He was assigned to Company A, 1st Battalion (Airborne), 8th Cavalry, 1st Cavalry Division.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Parachutist Badge, the Combat Infantryman Badge, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Item 26 does not show awards of the Korea Defense Service Medal, the Valorous Unit Award, the National Defense Service Medal, the Army Good Conduct Medal, and/or the Presidential Unit Citation.

5.  The applicant's records do not contain official orders awarding him the Army Good Conduct Medal.

6.  Item 38 (Record of Assignment) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout most of his military service.  He received a "good" rating during his assignment to Company A, 7th Supply and Transportation Battalion.  Additionally, his records reveal two instances of accepting nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) as follows:

	a.  on 25 October 1963, for being found sleeping upon his post at Camp Casey, Korea, on or around 25 October 1963; his punishment consisted of a reduction to private/E2; and 

	b.  on 5 January 1964, for being found sleeping upon his post at Camp Casey, Korea, on or about 1 January 1964; his punishment consisted of a forfeiture of $25.00 pay, 14 days of restriction, and 14 days of extra duty.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards.

	a.  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.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	c.  The Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960), is 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 for 6 months.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 1st Battalion, 8th Cavalry, his unit was awarded the Presidential Unit Citation for service from 23 October 1965 to 26 November 1965 based on Department of the Army General Order Number 40, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 based on Department of the Army General Order Number 59, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows that the 1st Battalion, 8th Cavalry, was awarded the Valorous Unit Award for service from 1 May 1970 to 29 June 1970.

11.  Appendix B of Army Regulation 600-8-22 shows that participation credit was awarded for the Vietnam Defense Campaign from 8 March 1965 to 24 December 1965 and the Vietnam Counteroffensive Campaign from 25 December 1965 to 30 June 1966 during the applicant's tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Korea Defense Service Medal, the Valorous Unit Award, the National Defense Service Medal, the Army Good Conduct Medal, and the Presidential Unit Citation.

2.  The evidence of records shows the applicant entered active duty on 25 September 1962 and was honorably released on 24 April 1966.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his records to show this award.

3.  The evidence of record shows that the applicant served in Korea from on or about 30 May 1963 to on or about 27 April 1964.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

4.  The evidence of record shows the applicant served in Vietnam from on or about 20 August 1965 to on or about 28 April 1966.  Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show this award.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Furthermore, the applicant participated in two campaigns while serving in Vietnam and is therefore entitled to award of two bronze service stars for wear on his Vietnam Service Medal.

6.  General Orders show the applicant's unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

7.  With respect to the Army Good Conduct Medal, the evidence of record confirms that the applicant served honorably during the period 25 September 1962 through 24 April 1966.  He served in Korea and Vietnam.  He received "excellent" conduct and efficiency ratings throughout his military service with the exception of a "good" rating during his service in Korea.  Additionally, his records contain derogatory information in the form of two Article 15s.  He did not qualify for award of the Army Good Conduct Medal.

8.  With respect to the Valorous Unit award, the evidence of record shows that the applicant's unit of assignment in Vietnam was awarded the Valorous Unit Award for service from 1 May 1970 to 29 June 1970; however, the applicant was not assigned to this unit upon its receipt of this award.  Additionally, there is no indication in his records that he served with any other unit that was awarded the Valorous Unit Award.  Therefore, there is insufficient evidence to award him the Valorous Unit Award.

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 adding to his DD Form 214 the Korea Defense Service Medal, the National Defense Service Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


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 Valorous Unit Award and the Army Good Conduct Medal.



      ____________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)                                         AR20090010008



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ABCMR Record of Proceedings (cont)                                         AR20090010008



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