IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100010701 


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, National Defense Service Medal, Vietnam Service Medal, Cold War Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and any medals for service in Germany from 1970 - 1971.

2.  He states when checking his 201 File it showed that none of the medals were awarded to him.  He also states there are other medals he is justly due for his service.

3.  He provides copies of the following:

* his DA Form 20 (Enlisted Qualification Record)
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a Standard Form 180 (Request Pertaining to Military Records)
* page 2 of a letter from the National Personnel Records Center

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers request and statement to the applicant and provides no additional documentation in support of the 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 requested award of the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  The National Defense Service Medal is already shown on his DD Form 214.  Additionally, a DD Form 215 (Correction to DD Form 214), dated 15 March 2010, added the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.  Therefore, the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar [M-16] will not be discussed further in these Proceedings.

3.  He also has requested award of the Cold War Medal, in effect, requesting the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, Army Human Resources Command (AHRC), Cold War Recognition, Hoffman II, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  Based on this information, his request for the Cold War Recognition Certificate will not be discussed further in these Proceedings.

4.  His military records show he enlisted in the Regular Army in pay grade E-1 on 3 July 1968.  He completed training and he was awarded military occupational specialty 76X (Subsistence Storage Specialist).  He served in Vietnam from 5 December 1968 to 1 December 1969 with Headquarters, 223rd Supply and Service Company.

5.  He served in Germany from 14 January 1970 to 22 June 1971.  He was assigned to Company A, 504th Supply and Transportation Battalion and Company A, 501st Supply and Transportation Battalion.  There is no evidence these units were awarded any awards during the period of his assignment.

6.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his service.  There is no evidence he received any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  He was honorably released from active duty in pay grade E-4 on 24 June 1971, by reason of early separation from overseas, and was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He was credited with 2 years, 11 months, and 22 days of total active service with no time lost.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended by the 15 March 2010 DD Form 215, shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Special Orders Number 167, issued by Headquarters, 4th Armored Division, dated 16 June 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) for qualifying with that weapon on       20 May 1970.

10.  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 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  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.  

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings throughout his service.  While in the Army, he attained the pay grade of E-4, and had no time lost.  There is no evidence that his chain of command denied him the award.  Therefore, it appears an administrative error occurred by not awarding him the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award the applicant the first award of the Army Good Conduct Medal for the period 3 July 1968 through       24 June 1971 and to correct his DD Form 214 to show this award.

2.  The evidence of record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which is a higher-level qualification than Marksman.  Therefore, his DD Form 214 should be corrected to show this level of qualification with the M-14 rifle.

3.  The evidence of record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

4.  The evidence confirms he served in Germany from 14 January 1970 to
22 June 1971 with Company A, 504th Supply and Transportation Battalion and Company A, 501st Supply and Transportation Battalion.  However, there is no evidence of record his unit was authorized any awards during his period of service in Germany.  Therefore he is not entitled to correction of his DD Form 214 to show any awards for his service in Germany.
5.  In view of the foregoing his records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL 

________  ________  ________  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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  awarding him the Army Good Conduct Medal (First Award) for the period
3 July 1968 through 24 June 1971; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (First Award), Vietnam Service Medal with four bronze service stars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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 adding any awards to his
DD Form 214 for his service in Germany.



      ___________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)                                         AR20100010701



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ABCMR Record of Proceedings (cont)                                         AR20100010701



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