IN THE CASE OF:	  

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090015919 


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, in effect, that the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Vietnam Service Medal (VSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he received the AGCM and is eligible for the NDSM.  He further states he is eligible for the VSM based on completing 60 days of temporary duty (TDY) in Thailand from December 1963 to February 1964.  

3.  The applicant provides no documentary evidence in support of his 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 3 April 1961 and upon completion of initial entry training was awarded military occupational specialty 293.10 (Field Radio Relay and Carrier Operator).  

3.  item 29 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) and Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) contain entries confirming he served in the United States Army Europe (Germany) from 22 August 1961 to 14 March 1964.  Neither record documents service in Thailand.  

4.  Section 4 (Chronological Record of Military Service) of the applicant's 
DA Form 24 shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  

5.  The applicant was honorably released from active duty, in the rank of specialist four, on 23 March 1964, after completing 2 years, 11 months, and
21 days of active duty with no time lost.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty he earned the Marksman Marksmanship Qualification Badge with Rifle Bar.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-10 contains guidance on the NDSM and states, in pertinent part, that it 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.  

7.  Paragraph 2-13 of the awards regulation contains guidance on the VSM  and states, in pertinent part, that it 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 or assignment to an organization participating in or directly supporting operations in Vietnam for 1 or more days.  Member serving in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award direct support of operations in Vietnam qualified for the award. 

8.  Chapter 4 of the awards regulation contains guidance on the AGCM.  It states, in pertinent part, that it 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, in which case a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that AGCM should be added to his DD Form 214 was carefully considered and found to have merit.  Although there are no orders or record entries indicating he was awarded the AGCM during his active duty tenure, the evidence of record does confirm he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, there is no derogatory information or a unit commander disqualification on file that would have precluded him from receiving the AGCM.  

2.  In view of the foregoing, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 3 April 1961 through 23 March 1964 and to add this award to his DD Form 214 at this time.

3.  The evidence of record also shows that based on his active duty during a qualifying period, the applicant is eligible for the NDSM.  Therefore, it would also be appropriate to add this award to his DD Form 214.  

4.  The applicant's contention that he is eligible for the VSM based on TDY service in Thailand was also carefully considered.  However, there is insufficient evidence to support this claim.   

5.  The evidence of record fails to corroborate the applicant's claim that he served in Thailand.  Further, even had he served in Thailand, it would be necessary to verify that his TDY service in that country was in direct support of operations in Vietnam, which the evidence of record and independent evidence submitted by the applicant fails to do.  More importantly, the eligibility period for award of the VSM began on 3 July 1965.  The applicant separated in March 1964.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 


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:

	a.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 3 April 1961 through 23 March 1964 and adding this award to his DD Form 214; 

	b.  adding the National Defense Service Medal to his DD Form 214; and

	c.  providing him a correction to his DD Form 214 that includes these 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 award of the Vietnam Service 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)                                         AR20090015919



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ABCMR Record of Proceedings (cont)                                         AR20090015919



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