IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100017606 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the following awards for his foreign service in the Republic of Vietnam (RVN) and in the Republic of Korea (ROK):  

* Army Good Conduct Medal (AGCM) (First Award)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Korean Defense Service Medal (KDSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar 

2.  He states upon his return from serving in the ROK, he volunteered to serve in Vietnam for one year.  As a result of his 3 years of dedicated service, he contends he deserves to be awarded the AGCM.

3.  He provides a copy of a Department of Veterans Affairs (VA) award letter, dated 31 January 2009.  

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.  His records show he enlisted in the Regular Army on 5 August 1963 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 31M (Radio Relay and Carrier Operator).  

3.  A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) shows the following entries:  

* From January 1964 to January 1965 – U.S. Army Pacific Command (USARPAC) (Korea)
* From June 1965 to June 1966 – USARPAC (Vietnam)

4.  Item 38 (Record of Assignments) of his DA Form 20 shows during his tours in USARPAC, his units of assignment were as follows:

* From 9 January 1964 to 28 January 1965 – B Company, 51st Signal Battalion (Korea)
* From 7 June 1965 to 2 June 1966 – Company C, 41st Signal Battalion (Combat Area (CA)) (Vietnam)

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* VSM
* Marksman Marksmanship Qualification Badge with Rifle Bar per Special Orders (SO) Number 237, Fort Polk, dated 26 September 1963 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) per SO Number 20, Headquarters, 51st Signal Battalion, date awarded was not indicated 


6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the NDSM, VSM, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 

7.  On 11 June 1966, he was honorably released from active duty and transferred to the U. S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation.  He served a total of 2 years, 10 months, and 7 days of active service with no lost time.  He completed a total of 2 years and 20 days of foreign service in USARPAC.  

8.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

9.  His record is void of documentation showing he was recommended for or awarded the AGCM.  Item 38 of his DA Form 20 shows he received five "excellent" conduct and efficiency ratings and one “unknown” during his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

10.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment to Vietnam, the 41st Signal Battalion (CA) was awarded the Meritorious Unit Commendation (MUC) for the period 20 June 1965 to 1 April 1966 by Department of the Army General Orders (DAGO) Number 53, dated 1967, as amended by DAGO 20, dated 1967.   

12.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

* Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973

13.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  The Vietnam Defense Campaign and Vietnam Counteroffensive coincide with his period of service in the Vietnam.
14.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.  

15.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) 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.  

16.  Army Regulation 600-8-22 states the KDSM was authorized by section 543 of the National Defense Authorization Act of 2003.  This regulation provides that the KDSM 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 area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he served on active duty in the ROK during a designated period of time to qualify for award of the KDSM.  Therefore, he is entitled to have his records corrected to show this individual award.

2.  His DD Form 214 shows he was previously awarded the VSM.  His record also shows he participated in two campaigns while serving in the RVN.  He is therefore entitled to award of two bronze service stars for wear on the previously awarded VSM.

3.  The evidence of record confirms he served honorably during the period 
5 August 1963 through 11 June 1966.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.


4.  Item 24 of his DD Form 214 also shows he was previously awarded the NDSM and the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-14).  As a result, there is no need to make corrections to his record as it pertains to the NDSM and marksmanship qualification badge and will not be discussed further in these proceedings.   

5.  DAGO awarded his unit the Meritorious Unit Commendation and two RVN Gallantry Crosses with Palm Unit Citation, during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

6.  Army regulation awarded the RVN Campaign Medal with Device (1960) to all members of the Armed Forces of the United States serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 him the Army Good Conduct Medal (First Award) for the period 
5 August 1963 through 11 June 1966, and

b.  adding the following to his DD Form 214:

* Army Good Conduct Medal (First Award)
* Korean Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation  (2nd Award)
* Republic of Vietnam Campaign Medal with Device (1960)


* Two bronze service stars to his Vietnam Service Medal 
* Meritorious Unit Commendation



      ____________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)                                         AR20100017606



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ABCMR Record of Proceedings (cont)                                         AR20100017606



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