IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100009671 


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 his DD Form 214 (Report of Transfer or Discharge) be corrected to show all of his awards.

2.  The applicant states that at the current time none of his awards for his service in Vietnam are shown on his DD Form 214.  He believes this to be an oversight due to the fact that he only served in Vietnam for three months before being reassigned.

3.  The applicant provides no supporting documentation.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's DD Form 214 be corrected to show all of his awards for his service in Vietnam.

2.  Counsel states that applicant has adequately set forth his contentions and supports his request.

3.  Counsel provides no supporting documentation.

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 on 31 May 1963, completed training, and was awarded the military occupational specialty (MOS) 111 (Rifleman).  He also completed basic airborne training and was awarded the Parachutist Badge and the special qualification digit "7".

3.  U. S. Army Training Center, Armor Special Orders Number 163, dated 16 July 1963, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 rifle).

4.  3rd Training Regiment, Fort Jackson Special Orders Number 163, dated 17 September 1963, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (.30 caliber automatic rifle).

5.  173rd Airborne Brigade Special Orders Number 133, dated 15 June 1964, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 rifle).

6.  173rd Airborne Brigade Special Orders Number 217, dated 5 October 1964, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).

7.  101st Airborne Division and Fort Campbell, Kentucky Special Orders Number 205, dated 18 August 1965, reassigned the applicant to duty in Vietnam with Company C, 3rd Battalion, 187th Infantry Regiment, effective 23 August 1965.

8.  101st Airborne Division Letter Orders Number 12-114, dated 23 December 1965, reassigned the applicant to temporary duty (to attend Ranger School), effective 5 January 1966.

9.  His DD From 214 provides the following evidence:

* separation as a sergeant (E-5)
* service in the MOS 11B
* 2 years, 11 months, and 27 days of creditable active service with no lost time
* 1 year, 5 months, and 16 days of foreign service noted as "USARPAC"
* award of the Parachutist Badge, Armed Forces Expeditionary Medal (Vietnam), and the Marksman Marksmanship Qualification Badge with Rifle Bar

10.  The DA Form 20 (Enlisted Qualification Record) provides the following information:

* separation as a sergeant (E-5)
* conversion in 1965 of the MOS 111.07 to the new MOS designation of 11B1P (Light Weapons Infantryman - Parachute qualified)
* foreign service in Okinawa from 19 November 1963 through 4 May 1965 with assignment to Company C, 1st Battalion, 503rd Infantry Regiment
* award of the Parachutist Badge, Armed Forces Expeditionary Medal (Vietnam), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* "enlisted member is favorably considered for GCM"
* his conduct and efficiency ratings are recorded as exclusively excellent except for one good efficiency rating as a student at Fort Benning

11.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

12.  Department of the Army General Orders Number 8, dated 1974, (DAGO 8, 74) announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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 the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  At that time, a disqualification was normally noted on the DA Form 20.

14.  Army Regulation 600-8-22 9 (Military Awards) provides the following information:

   a. the Armed Forces Expeditionary Medal was awarded for qualifying service after 1 July 1958 to individuals who served in Vietnam or in direct combat support to the Republic of Vietnam from 1 July 1958 and 3 July 1965;  
   
   b. the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974;
   
   c. the Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973;
   
   d. upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service; and
   
   e. the Republic of Vietnam Campaign Medal was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam, from 1 March 1961 to 28 March 1973, or who served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months.  Such individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal.  
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant states that at the current time none of his awards for his service in Vietnam are shown on his DD Form 214.  He believes this to be an oversight due to the fact that he only served in Vietnam for three months before being reassigned.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings, his promotion to E-5, and the recommendation noted on the DA Form 20.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 31 May 1963 through 27 May 1966.

3.  The applicant served during a period for which the National Defense Service Medal was authorized.  The applicant's record does not include this authorized award.  Therefore, it is appropriate to award him the National Defense Service Medal at this time.

4.  The applicant was awarded the Marksman Marksmanship Qualification Badge for proficiency with the M-1 rifle, M-14 rifle, .30 caliber automatic rifle, and the 
M-60 machinegun.  His DA Forms 20 and DD Form 214 does not show all of these qualification badges.  Therefore, it is appropriate to correct the record to show he was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle, Machinegun, and Rifle (M-1, M-14) Bars.

5.  The applicant was assigned to duty in Okinawa and served in support of combat operations in Vietnam from 19 November 1963 through 4 May 1965.  It appears that he was awarded the Armed Forces Expeditionary Medal (Vietnam) for this period of service.  This period of service also qualifies him for award of the Republic of Vietnam Campaign Medal.  It is appropriate to correct the record to show the applicant is authorized this medal.

6.  In addition to his service in Okinawa, he also served in Vietnam for the period from on or about 23 August 1965 through on or about 4 January 1966.  In accordance with DAGO 8, 74, the applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It is appropriate to correct the record to show this award.

7.  Since the applicant was awarded the Armed Forces Expeditionary Medal (Vietnam), he is not entitled to also receive the Vietnam Service Medal.  The applicant does have the option to convert from the Armed Forces Expeditionary Medal to the Vietnam Service Medal if he so prefers.

8.  Based on the above facts and findings, it is appropriate to correct applicant's DD Form 214 to show that, in addition to the awards shown, his is also authorized the Good Conduct Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Automatic Rifle, Machinegun, and Rifle (M-1, M-14) Bars.

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 the applicant the Good Conduct Medal for his period of service from 31 May 1963 through 27 May 1966;

	b.  showing that, in addition to the awards listed on the DD Form 214, the applicant is also authorized the Good Conduct Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Automatic Rifle, Machinegun, and Rifle (M-1, M-14) Bars.



      _______ _   _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)                                         AR20100009671





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100009671



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1