IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100019860
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 addition of the following awards to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):
* Korea Defense Service Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
2. The applicant states he is entitled to the above medals, but they are not listed on his DD Form 214.
3. The applicant provides:
* two DD Forms 214
* DD Form 215 (Correction to DD Form 214)
* a citation for the Joint Service Commendation Medal
* internet documents concerning the Presidential Unit Citation awarded to the Studies and Observation Group (SOG), Military Assistance Command, Vietnam (MACV)
* a 19 May 2010 letter from the National Personnel Records Center, St. Louis, MO announcing shipment of the following awards to the applicant:
* Joint Service Commendation Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
*
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Ribbon with Device (1960)
* Marksman Marksmanship Qualification Badge with Auto Rifle Bar
* Korea Defense Service 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 20 June 1967 through 20 June 1973. His DA Form 20 (Enlisted Qualification Record) shows he had foreign service in:
* Philippines - 19680104-19690623
* Korea - 19700412-19700822
* Vietnam - 19701001-19720502
* Panama - 19720604-19730619
His DA Form 20 also shows that he received uniformly "excellent" conduct and efficiency ratings throughout his 6 years and 1 day of active Federal service.
3. In Vietnam, the applicant was assigned to Headquarters, MACV SOG.
4. On 20 June 1973, the applicant was honorably discharged. His DD Form 214 shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Armed Forces Expeditionary Medal, the National Defense Service Medal, the Joint Service Commendation Medal, and the Marksman Marksmanship Qualification Badge with Rifle bar.
5. Army Regulation 600-8-22 (Military Awards) states that 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 Korea 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.
6. Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
8. Department of the Army General Orders Number 25, dated 8 June 2001, awarded the Presidential Unit Citation to the Military Assistance Command, Vietnam, Studies and Observation Group for the period 24 January 1964 to 30 April 1972
DISCUSSION AND CONCLUSIONS:
1. By virtue of his various assignments in Korea and Vietnam (with MACV SOG), the applicant is entitled to award of the Korea Defense Service Medal, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. Based on the applicant's excellent conduct and efficiency ratings, he should have been awarded 2 Army Good Conduct Medals, the first one for the period 20 June 1967 through 19 June 1970 and the second the period 20 June 1970 through 19 June 1973. He should be awarded two Army Good Conduct Medals.
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:
* awarding him two Army Good Conduct Medals (20 June 1967 - 19 June 1970 and 20 June 1970 - 19 June 1973)
* adding the Army Good Conduct Medal (2nd Award), Presidential Unit Citation, Korea Defense Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending
21 June 1973
____________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) AR20100019860
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ABCMR Record of Proceedings (cont) AR20100019860
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