IN THE CASE OF:	  

		BOARD DATE:	    4 January 2011

		DOCKET NUMBER:  AR20100017180 


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 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal, Korea Defense Service Medal, and Republic of Vietnam Campaign Medal.  

2.  He states he was not awarded these three awards during his active service.  He enlisted for the active service for 3 years and 3 years inactive.  He believes he is entitled to the Army Good Conduct Medal based on the criteria for completion of 3 years of service.  He also believes he is entitled to award of the Korea Defense Service Medal based on his 13 month assignment in South Korea during 1972 and 1973.  He further believes he is entitled to award of the Republic of Vietnam Campaign Medal due to him being on alert for transportation to Vietnam at four different intervals while on duty in South Korea.  

3.  He provides his DD Form 214 and summaries of the Army Good Conduct Medal, Korea Defense Service Medal, and Republic of Vietnam Campaign 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.  The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 24 November 1971.  He enlisted in the Regular Army on 13 January 1972.  He completed training and was awarded military occupational specialty 31M (Radio Relay and Carrier Attendant).  He served in Korea from 6 August 1972 through 5 September 1973.

3.  His DA Form 20 (Enlisted Qualification Record), Items 31 (Foreign Service) and 38 (Record of Assignments), do not show any service in Vietnam.  Item 41 (Awards and Decorations) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He was honorably released from active duty in pay grade E-4 on 10 January 1975 and was transferred to the USAR Control Group (Reinforcement).

5.  The evidence does not show he was disqualified by his unit commander for award of the Army Good Conduct Medal.  There is no record of any disciplinary actions taken against the applicant.  His enlisted efficiency reports show his conduct and efficiency ratings were "excellent" throughout his enlistment.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal and Armed Forces Expeditionary Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

8.  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.
9.  Army Regulation 600-8-22 states the Vietnam Campaign 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 and contributed direct combat support to the Republic of Vietnam and Armed Forces.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant appears to have met the criteria for award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to award of the Good Conduct Medal (First Award) for the period 13 January 1972 through 10 January 1975 and correction of his DD Form 214 to show this award.

2.  The evidence shows he completed a qualifying period of service in Korea for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to add this award to his record at this time.

3.  The evidence further shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and this award is not shown on his DD Form 214.  Therefore, it would also be appropriate to add this award to his DD Form 214.

4.  There is no evidence to show he served in Vietnam for a qualifying period of service for award of the Republic of Vietnam Campaign Medal.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

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 Army Good Conduct Medal (First Award) for the period 13 January 1972 through 10 January 1975;

	b.  adding to Item 13 of his DD Form 214 the Army Good Conduct Medal (First Award), Korea Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and

	c.  providing him a document to show the above corrections.

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 Republic of Vietnam Campaign Medal and it addition to his DD Form 214.



      _______ _   _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)                                         AR20100017180



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ABCMR Record of Proceedings (cont)                                         AR20100017180


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