IN THE CASE OF:	

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020969 


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 that he be awarded the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and the Army Good Conduct Medal (AGCM).

2.  The applicant states that he served in Korea near the demilitarized zone (DMZ) in support of the Vietnam War with the 1st Target Acquisition Battery,
25th Artillery Battalion, 1st Cavalry Division and he believes he is entitled to award of the NDSM, VSM, and the AGCM.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army in Atlanta, GA on 4 June 1963.  He completed his basic combat training at Fort Gordon, GA and his advanced individual training (AIT) in military occupational specialty 154.10 (flash ranging crewman) at Fort Sill, OK.

3.  Upon completion of his training he was transferred to Korea on 23 October 1963 for assignment to C Battery, 1st Target Acquisition Battery, 25th Artillery Battalion.  In November 1963, his entire unit received a letter of appreciation from the Division Artillery commander.  He was advanced to the pay grade of E-4 on 10 November 1964.

4.  He departed Korea on 5 December 1964 and he was transferred to Fort Bragg, NC, where he remained until he was honorably released from active duty (REFRAD) on 3 June 1965, due to the expiration of his term of service (ETS).  He had served 2 years of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD shows a letter of appreciation as his only award.

5.  A review of the applicant’s DA Form 24 (Service Record) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar in July 1963.  This form also shows he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.

6.  Army Regulation 600-8-22 (Military Awards) states 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.

7.  Army Regulation 600-8-22 states the Vietnam Service 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.  Qualifying service also included temporary duty for 30 consecutive days or
60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

8.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the NDSM has been noted and found to have merit.  The applicant served during a qualifying period for award of the NDSM.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant’s contention that he should be awarded the AGCM has also been noted and found to have merit. Although there is no automatic entitlement for award of the AGCM, the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the AGCM.  Therefore, it is reasonable to presume that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM for the period of 6 June 1963 to 3 June 1965 and correct his DD Form 214 to show this award.

3.  The applicant’s contention that he should be awarded the VSM for his service in Korea has been noted and appears to lack merit.  Service in Korea was not in support of the war in Vietnam as defined under the applicable regulations.  Additionally, the period of eligibility for the VSM extended from 3 July 1965 through 28 March 1973, which is after the applicant's REFRAD.  Therefore, he is not entitled to award of the VSM.

4.  However, the applicant qualified for award of the KDSM by virtue of his service in Korea.  Therefore, his DD Form 214 should be corrected to show this award.

5.  Additionally, his records show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Accordingly, this qualification badge should be added to his DD Form 214 at this time.

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 AGCM (1st award) for the period of 6 June 1963 to
3 June 1965, and

   b.  adding to item 26 of his DD Form 214 the AGCM (1st award), NDSM, KDSM, and the Expert Marksmanship Qualification Badge with Rifle Bar.

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 VSM.



      __________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)                                         AR20090020969



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ABCMR Record of Proceedings (cont)                                         AR20090020969



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