IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004914 


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 award of the:

* Vietnam Service Medal
* Army Good Conduct Medal
* Meritorious Service Medal

2.  The applicant states he believes it was an oversight during a time of conflict and personnel shortages.  The focus was on the day to day operations at the time.  He earned the requested awards but they were never issued or annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  This precluded him from receiving certain benefits.  

3.  The applicant provides:

* Personal affidavit
* DD Form 214
* Letter from the Veteran's Service Agency
* Special Orders Number 19 (reassignment) and 71 (promotion)
* Port Call Instructions
* DA Form 1049 (Personnel Action)
* DA Form 137 (Installation Clearance Record)
* Certificate of achievement
* Letter titled: Certificate of Achievement
* Letter of commendation
* Individual Training Record
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.  With respect to award of the Meritorious Service Medal, based upon his application, the evidence of record, and accompanying supporting documents he has submitted, it does not appear that he was recommended for or awarded the Meritorious Service Medal.  

	a.  	Section 1130 of the United States Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, he must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed.  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638. In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	b.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, he must submit his request through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	c.  If the applicant chooses to pursue the award requested by submitting a request under the provisions of Title 10 USC 1130, and his request is subsequently denied by the United States Army Human Resources Command, he may reapply to the ABCMR. 

	d.  Therefore, the issue of the Meritorious Service Medal will not be discussed further in the Record of Proceedings.

3.  The applicant enlisted in the Regular Army for 3 years on 28 September 1965. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 97D (Military Intelligence Coordinator).  

4.  Subsequent to completing MOS training, he was reassigned to the 17th Intelligence Corps Detachment, 9th Logistical Command, Thailand, U.S. Army Pacific Command (USARPAC).  He served in Thailand from on or about 23 April 1966 to 6 May 1967.

5.  While in Thailand, he:

* was promoted to specialist five (SP5)/E-5
* received a certificate of achievement for selfless service
* was recognized for his initiative and diligence
* was cited by a certificate of achievement for meritorious service from 20 May 1966 to 13 March 1967

6.  Upon completion of his Thailand tour, he was reassigned to Region I, 113th Military Intelligence (MI) Group, Evanston Field Office, Evanston, IL.  Additionally, upon his departure from this unit, he was commended for his participation in a two-week special operation exercise. 

7.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) does not list any foreign service in Vietnam.  

8.  Item 38 (Record of Assignments) shows he was assigned as follows:

* 4 October 1965, basic combat training, Fort Dix, NJ
* 17 December 1965, advanced individual training, Fort Holabird, MD
* 23 May 1966, 17th Intelligence Corps Detachment, USARPAC
* 6 June 1967, 113th MI Group, Evanston, IL

9.  There are no permanent change of station (PCS) orders, TDY orders, or any other official documents in his service records that show he was ordered to or served in Vietnam.

10.  He was honorably released from active duty on 27 September 1968.  He completed 3 years of creditable active service and he was fully eligible to reenlist.   His DD Form 214 also shows the following entries:

* item 22c (Foreign and/or Sea Service) – USARPAC for a period of 1 year and 14 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar
* item 30 (Remarks) does not list service in Korea, Indochina, or Vietnam

11.  His records do not contain orders awarding him the Army Good Conduct Medal.  Nevertheless, his records reflect:

* no derogatory information in the form of lost time, nonjudicial punishment, or a record of court-martial
* his DA Form 137 indicated his conduct and efficiency rating was excellent
* item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency rating throughout his military service

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 

13.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  Direct support is defined as services being supplied to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal, the applicant served honorably on active duty during the period 28 September 1965 through 27 September 1968.  He received "excellent" conduct and efficiency ratings throughout this period of military service.  He completed an overseas tour in Thailand, attained the rank/grade of SP5/E-5, and he was fully eligible to reenlist In the absence of derogatory information that would have disqualified him for award of the Good Conduct Medal it would be appropriate to award him this medal based on completion of qualifying service and correct his DD Form 214 to show it. 

2.  With respect to the Vietnam Service Medal, the applicant served in Thailand, not in Vietnam.  Award of the Vietnam Service Medal for service in Thailand would have required him to provide direct support to the operations in Vietnam by actually entering Vietnam.  In the absence of PCS or TDY orders, or any other official documents such as TDY settlement vouchers, leave and earnings statements showing receipt of hazardous duty pay, or witness statements, for Vietnam, there is insufficient evidence to grant relief in this case.

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 

* awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 September 1965 through 27 September 1968
*  adding to his DD Form 214 the Army Good Conduct Medal (1st Award).
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 the Vietnam Service Medal.



      _______ _   _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)                                         AR20110004914



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ABCMR Record of Proceedings (cont)                                         AR20110004914



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