IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100019696 


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 show:

* His service in the Republic of Vietnam from 
* 2nd award of the Army Good Conduct Medal (AGCM)

2.  He states:

* His Vietnam service is not shown
* He was assigned to Southeast Asia from 2 September 1969 to August 1971
* He was assigned temporary duty (TDY) at Camp Eagle
* He was TDY to two other countries not listed because of Air America
* He was assigned to U.S. Army Strategic Command in Korea 
* He was assigned to the 2nd Battalion, 501st, Infantry Regiment, 101st Airborne Division in the Republic of Vietnam

3.  The applicant submits no additional documents.

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 was inducted into the Army of the United States on 16 March 1966 and he enlisted in the Regular Army on 21 March 1966.  He served until he was honorably discharged on 27 March 1968 for the purpose of immediate reenlistment.  The DD Form 214 for this period contains the following:

* Item 13a (Character of Service) - Honorable
* Item 12 (Last Duty Assignment and Major Command) Headquarters Battery, 5th Battalion,1st Artillery, U.S. Army Europe (USAREUR)
* Item 22c (Foreign Service) USAREUR - 1 year, 2 months, and 5 days
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

3.  On 28 March 1968, he reenlisted in the Regular Army.  

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the following overseas locations:

* Germany – USAREUR from 23 January 1967 through 6 January 1970 
* Korea – U.S. Army Pacific (USARPAC) from 4 August 1970 through 3 September 1971

5.  The applicant's DA Form 20 shows his conduct and efficiency were rated as "excellent" for the period 16 March 1966 through 15 March 1969.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the AGCM.

6.  He received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice on four occasions for the following reasons:

* operating an uninsured vehicle on 1 November 1969
* failing to pay just debts on 8 November 1970
* signing an official document with intent to deceive on 4 March 1971
* failing to pay a debt on 2 June 1969
7.  His DA Form 20B (Insert Sheet to DA Form 20 – Record of Court-Martial Conviction) shows he received a summary court-martial which was adjudicated and approved on 10 January 1972 for failure to go at the time prescribed to his appointed place of duty and failure to obey a lawful order from a noncommissioned officer. 

8.  On 17 October 1972, he was discharged after serving for an additional 4 years, 5 months, and 2 days.  His DD Form 214 during this period contains the following items:

* Item 13a - Under Honorable Conditions
* Item 12 Fort Hood, Texas, Fifth Army
* Item 22c USARPAC - 2 years, 10 months, and 9 days
* Item 24 - the Armed Forces Expeditionary Medal (Korea) and Expert Marksmanship Qualification Badge with Rifle Bar
* Item 30 (Remarks) - "Vietnam - NO, Indochina - NO, Korea - YES"

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

10.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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 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 honorably from 16 March 1966 through 15 March 1969 and he received "excellent" conduct and efficiency ratings during this period of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM. Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this medal.

2.  The evidence indicates he did not complete a qualifying period of service for award of a second AGCM.  He had a "Good" rating for conduct and efficiency, and a court-martial conviction during the period 16 March 1969 through 17 October 1972.  Therefore, it would be appropriate to deny award of the Good Conduct Medal (2nd award).

3.  There is no evidence nor did he submit any evidence that shows he served in the Republic of Vietnam.  Therefore, it would be inappropriate to correct his record to show he served in the Republic of Vietnam.

4.  The evidence of record shows the applicant completed a qualifying period of service in the Republic of Korea from 4 August 1970 through 3 September 1971 for award of the KDSM.  Therefore, he is entitled to have his DD Form 214 corrected to show the KDSM.

BOARD VOTE:

_________  _______  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 AGCM (1st Award) for the period 16 March 1966 through 15 March 1969; and 

   b.  adding the AGCM (1st Award) and the KDSM to item 24 of his DD Form 214, dated 17 October 1972.

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 correcting his DD Form 214 to show award of the AGCM (2nd award) and to show he served in the Republic of Vietnam.



      _______ _  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)                                         AR20100019696



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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