IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100011166 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Good Conduct Medal, Vietnam Service Medal, and any other awards he may be authorized.

2.  The applicant states he served with the 538th Engineer Battalion in Thailand and provided support for the war in the Republic of Vietnam.  He also states he discovered his orders for the Good Conduct Medal in his discharge paperwork but the award is not listed on his DD Form 214.

3.  The applicant provides a copy of General Orders Number 458, Fort Hood, Texas, dated 27 March 1970, indicating award of the Good Conduct Medal.

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.  On 1 May 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 63H (Automobile Repairman).

3.  On 25 June 1968, the applicant departed Fort Lewis, Washington for duty in Thailand.  He was assigned to A Company, 538th Engineer Battalion during the period 12 August 1968 to 27 July 1969.

4.  On 11 September 1969, the applicant was assigned to Fort Hood, Texas, for duty as a senior track vehicle mechanic.

5.  Special Orders Number 336, Headquarters, Fort Hood, dated in December 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Submachine Gun Bar.

6.  Records show the applicant accepted the following two nonjudicial punishments:

	a.  on 16 March 1970 for being drunk and disorderly in quarters on 
13 February 1970.  He was reduced to specialist four, pay grade E-4, fined and given extra duty; and

	b.  on 26 March 1970 for being drunk and disorderly in quarters on 17 March 1970.  He was reduced to private first class, pay grade E-3 (suspended) and restricted to the company area for 14 days.

7.  General Orders Number 458, Headquarters Fort Hood, dated 27 March 1970, as provided by the applicant, indicate that he was awarded the Good Conduct Medal for the period 1 May 1967 through 30 May 1970 [more than 3 years].  This order also indicates the applicant's pay grade as E-5 [he was reduced to 
E-4 on 18 March 1970].

8.  On 30 April 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group Reinforcement).  He had completed 
3 years of creditable active duty service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

10.  Army Regulation 600-8-22 (Military Awards) 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.  Members 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 to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

11.  The Vietnam Order of Battle by Captain Shelby L. Stanton, U.S. Army, Retired, published in 1989 shows that the 538th Engineer Battalion (Construction) served in Thailand from 14 July 1965 to 15 June 1970 in direct and/or indirect support functions related to the Vietnam conflict.

12.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal with 1960 Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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 school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal, Vietnam Service Medal, and any other awards he may be authorized.

2.  The evidence of record clearly shows that the applicant accepted NJP twice in the month prior to his release from active duty resulting in his being reduced to pay grade E-4, fined, given extra duty, and restricted.  The orders provided by the applicant indicating that he was awarded the Good Conduct Medal are not filed in his official records.  Furthermore, this order contains errors in his rank and period of service for the award, making its validity questionable.  Without corroborating evidence such as an amendment or other supporting documentation, the applicant's request for correction of his records to show award of the Good Conduct Medal should be denied.

3.  The available evidence shows that the applicant served in Thailand with the 538th Engineer Battalion in support of military operations in the Republic of Vietnam.  Therefore, his records should be corrected to show award of the Vietnam Service Medal.

4.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, his records should be corrected to show this award.

5.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Submachine Gun Bar.  Therefore, his records should be corrected 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 Department of the Army records of the individual concerned be corrected by showing, in addition to the awards already shown on his DD Form 214, that his awards include the Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 Device, and a Submachine Gun Bar to be affixed to his already- awarded Expert Marksmanship Qualification Badge with Pistol 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 Good Conduct 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)                                         AR20100011166





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ABCMR Record of Proceedings (cont)                                         AR20100011166



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