BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090021984 


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 award of the Army Good Conduct Medal and the Vietnam Service Medal.

2.  The applicant states he had a superior academic record, that he rose in the enlisted ranks, and that he was honorably discharged.  Additionally, he states he served during the Vietnam period.

3.  The applicant does not provide any supporting documentation with 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 enlisted in the Regular Army for a 3-year period on 22 September 1959.  He completed his initial entry training and he was awarded military occupational specialty 296.10 (Radio Repairman).  The highest rank/grade he attained was specialist five (SP5)/E-5 during his period of service.

3.  The applicant's DA Form 24 (Service Record), section 4 (Chronological Record of Military Service) shows he received "excellent" conduct and efficiency ratings during throughout his service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), and no record of court-martial.

4.  Section 5 (Service Outside the Continental United States) of the applicant’s DA Form 24 shows he served in the U.S. Army Pacific with duty at Okinawa.  He departed from Travis Air Force Base on 20 August 1960 and arrived in Kadena, Okinawa on 22 August 1960.  Upon completion of his tour of duty, he departed Okinawa on 17 July 1962, returning to the United States on 18 July 1962.  The applicant’s record is void of documentation showing he served in the Republic of Vietnam.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Okinawa from 20 August 1960 to 5 July 1962.

6.  He was honorably released from active duty on 19 July 1962 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He was issued a DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge) that shows he completed 2 years, 9 months, and 28 days of active service with 1 year,
10 months, and 29 days of foreign service in the U.S. Army Pacific theater.

7.  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 Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Driver and Mechanic Badge with Driver-W Bar.

8.  References:

   a.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  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.
   b.  Army Regulation 600-8-22 further states that members of the Armed Forces of the United States 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" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

   c.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's “excellent” conduct and efficiency ratings and the absence of evidence showing disqualification, he completed a qualifying period of service from 22 September 1959 to 19 July 1962 for award of the first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) and correction of his DD Form 214 to show this award.

2.  The applicant’s record is void of service in the Republic of Vietnam or a designated location for award of the Vietnam Service Medal.  Therefore, he is not entitled to a correction of his DD Form 214 to show this 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 records of the individual concerned be corrected by:

   a.  awarding the applicant the Army Good Conduct Medal for the period of service from 22 September 1959 to 19 July 1962 and

   b.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (1st award).

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)                                         AR20090021984



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ABCMR Record of Proceedings (cont)                                         AR20090021984



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