BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100020133 


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 to his record to show all his authorized awards, medals and service ribbons.

2.  The applicant states he should have received the Army Good Conduct Medal, the National Defense Service Medal, and the Presidential Unit Citation among other awards for his service in Thailand during the Vietnam War.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 27 July 1964.

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 enlisted in the Regular Army for a 3-year period on 29 July 1961.  He completed his initial entry training and he was awarded military occupational specialty 140.00 (Field Artillery Crewman).  

3.  The applicant's DA Form 24 (Service Record), section 4 (Chronological Record of Military Service) shows he was assigned to Battery B, 7th Howitzer Battalion, 11th Artillery, from 26 December 1961 to 21 July 1964. 

4.  Section 5 (Service Outside the Continental United States) of the applicant’s DA Form 24 shows he served in the U.S. Army Pacific-Hawaii.  He departed from the Port of Oakland, CA on 19 December 1961 and arrived in Hawaii on 26 December 1961.  He departed Hickam Air Force Base (AFB), HI, on 4 June 1963 and arrived in Korat, Thailand on 6 June 1963.  He then departed from Korat, Thailand, on 9 July 1963 and arrived back at Hickam AFB, HI, the same day for a duration of 34 days.

5.  The applicant’s record is void of documentation showing he served in the Republic of Vietnam.

6.  He received "excellent" conduct and efficiency ratings throughout his service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), and no record of court-martial.  There is an annotation that states he was eligible for reenlistment.

7.  He was honorably released from active duty on 27 July 1964 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 shows he completed 2 years, 11 months, and 29 days of active service with 2 years, 7 months and 9 days of foreign service in the U.S. Army Pacific theater.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

10.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), provided policy and criteria for service medals.  This regulation 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.  For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 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 and there must have been no convictions by court-martial.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 7th Battalion, 11th Artillery, was cited for award of the Presidential Unit Citation for the period 24-26 April 1969 by Department of the Army General Order Number 17, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Army Good Conduct Medal, the National Defense Service Medal, and the Presidential Unit Citation.  

2.  Based on the applicant's "excellent" conduct and efficiency ratings, and the absence of evidence showing disqualification, his completion of a qualifying period of service from 29 July 1961 to 27 July 1964 he appears eligible for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

3.  Based on the applicant's honorable service during a qualifying period between 1 January 1961 and 14 August 1974, he is entitled to a correction of his record to show the National Defense Service Medal.

4.  The applicant was not assigned to the 7th Battalion, 11 Artillery, during a period when this unit was awarded the Presidential Unit Citation.  Therefore, he is not entitled to a correction of his record to show this unit 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for his period of service from 29 July 1961 to 27 July 1964; and

	b.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (1st Award) and the National Defense Service Medal.  

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 Presidential Unit Citation.



      _______ _   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)                                         AR20100020133



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ABCMR Record of Proceedings (cont)                                         AR20100020133



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