IN THE CASE OF:	

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018431


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 all combat medals earned in Korea and Vietnam.

2.  The applicant states he served in Korea on the Demilitarized Zone (DMZ) and in Vietnam, but he received no combat medals.  He needs his medals to support his Department of Veterans Affairs disability claim.

3.  The applicant provides no additional documents.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional request or statement

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 served in the Regular Army on a 3-year enlistment from 31 January 1969 to his honorable release from active duty on 8 October 1971.

3.  The applicant served in military occupational specialty (MOS) 64B (Heavy Truck Driver).  He served 13 months in Korea from June 1969 to July 1970.  He then served in Vietnam from 2 September 1970 to on or about 26 July 1971.  His unit of assignment in Vietnam was the 563rd Transportation Company, 57th Transportation Battalion, 80th General Support Group, U.S. Army Support Command.

4.  Around October 1970, the applicant developed a medical condition which plagued him throughout his tour of duty in Vietnam.  His medical records show repeated visits to his troop medical clinic for treatment; however, the condition did not resolve.  The situation ultimately led to increased time away from his unit beginning in late February 1971 and ended with him being medically evacuated to Camp Zama, Japan on or about 26 July 1971.  He eventually was transferred back to the United States for medical treatment and he was separated while assigned to the Medical Holding Detachment, Reynolds Army Hospital, Fort Sill, OK.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal for his service in Korea, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, one Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.  No other awards are shown.

6.  The applicant's DA Form 20 shows he received uniformly "excellent" conduct and efficiency ratings throughout his military service.  Further, there is no evidence of convictions by courts-martial.

7.  The applicant's DA Form 201 (Military Personnel Records Jacket) contains a U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit), dated 26 May 1971.  The applicant's company commander recommended that he be awarded the Army Commendation Medal for achievement during the period 28 January 1971 to 5 February 1971.  The applicant's battalion commander favorably endorsed the recommendation on 
29 May 1971 and forwarded it to the Commander, 80th Support Group.  An endorsement dated 30 May 1971 was prepared for the Commanding General (CG), U.S. Army Support Command for approval.  The endorsement is not signed and there is no record showing it was ever forwarded to the CG for approval.  There are no orders in the applicant's records awarding him the Army Commendation Medal.

8.  During the processing of this case, a member for the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Army Commendation Medal orders on file for the applicant.

9.  The narrative description for the recommended award states:

Specialist Fifth Class [Applicant], 563rd Trans Co, APO SF 96325 United States Army distinguished himself by exceptionally meritorious performance of duty against a hostile enemy force not involving participation in aerial flight in the Republic of Vietnam during the period of 28 Jan 71 to 5 Feb 71 while serving as Heavy Vehicle Driver.

He was primarily responsible for the efficient and effective operation of moving the 14th Avn Bn from Chu Lai Combat Base to Phu Bai during Operation LAM SON 710 (Laotian Campaign).

During his tenure, he demonstrated exceptional ability accomplishing the complex task through diligence, foresight, and sound judgment.  Through his capable leadership, he inspired personnel who served with him to such an extent that all assigned missions were performed consistently and in an exemplary manner.  Through untiring efforts, sound judgement [sic], and a high degree of knowledge, he contributed significantly to the successful accomplishment of the logistical mission.

SP5 [Applicant's] outstanding performance of duty coupled with his dynamic leadership and drive reflect great credit upon himself, his unit, and the United States Army.

10.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was prepared at Fort Sill.  It shows he was awarded the same medals listed on his DA Form 20.
11.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

   a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  During Vietnam, the 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

   c.  A bronze service star, based on qualifying service, may be awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  During the applicant's tenure in Vietnam, there was one authorized campaign.
   
   d.  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 is all land area of the Republic of Korea, 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.

12.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:

1.  The applicant wants all combat medals for Korea and Vietnam.

2.  The applicant served in Korea and earned the Armed Forces Expeditionary Medal which appears on his DD Form 214.  He is also authorized award of the Korea Defense Service Medal based upon his 13 months of service in Korea.  He should be awarded that medal and his DD Form 214 should be corrected to show the award.

3.  The applicant served in Vietnam during one campaign.  He is entitled to award of a bronze service star for wear on his already awarded Vietnam Service Medal.

4.  The applicant received "excellent" conduct and efficiency ratings and had no court-martial convictions.  He should be awarded the Good Conduct Medal for the period 31 January 1969 to 8 October 1971 and it should be entered on his DD Form 214.

5.  Department of the Army General Order Number 8, dated 1974, awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 8 February 1962 to 28 March 1973.  The applicant's DD Form 214 should be corrected to show this foreign unit award.

6.  The applicant's records contain a USARV Form 157-R recommending he be awarded the Army Commendation Medal for his part in relocating an aviation battalion from Chu Lai to Phu Bai during the period 28 January to 5 February 1971.  The request was processed through company and battalion levels and forwarded to group headquarters.  At group headquarters, an endorsement was made to forward the recommendation to the approving authority.  There is no evidence the recommendation ever left group headquarters.

7.  The narrative description of the applicant's achievement is certainly within the scope of acts recognized by award of the Army Commendation Medal; it is not felt the achievement was unworthy of recognition.  More likely, the recommendation simply was misplaced and never pursued since the applicant was, for all intent and purposes, removed from the unit because of his medical condition.  It would therefore be appropriate to approve award of the Army Commendation Medal and enter it on his DD Form 214.




BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 Commendation Medal for meritorious achievement from 28 January 1971 to 5 February 1971.

   b.  Awarding him the Good Conduct Medal for the period 31 January 1969 to 8 October 1971.
   
   c.  Deleting the Vietnam Service Medal from his DD Form 214.

   d.  Adding the Army Commendation Medal, Good Conduct Medal, Korea Defense Service Medal, Vietnam Service Medal with bronze service star, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      _______ _  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)                                         AR20090018431



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ABCMR Record of Proceedings (cont)                                         AR20090018431



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