IN THE CASE OF:	  

		BOARD DATE:	    11 October 2011

		DOCKET NUMBER:  AR20110007812 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or discharge) to show the: 

* Army Good Conduct Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar

2.  The applicant states he served in Vietnam from 1 June 1963 to 14 May 1964. The awards were left off his DD Form 214 upon leaving Vietnam.  

3.  The applicant provides:

* DD Form 214
* Letter from the National Personnel Records Center
* DA Form 24 (Service Record)
* General Orders Number 357 (Army Commendation Medal)
* Special Orders Number 45 (Sharpshooter Marksmanship Qualification Badge with Carbine Bar)
* DA Form 20 (Enlisted Qualification 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.  The applicant enlisted in the Regular Army for 3 years on 26 October 1961.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 723.60 (Communications Center Specialist).  He served in Vietnam with the 232nd Signal Company, 39th Signal Battalion from 30 May 1963 to 15 May 1964. 

3.  Headquarters, U.S. Army Garrison, Fort Pickett, VA, Special Orders Number 45, dated 16 April 1963, awarded him the Sharpshooter Marksmanship Qualification Badge with the Rifle (Carbine) Bar.

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 25 January 1965.  He completed 3 years and 3 months of creditable active service and he had no lost time.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Armed Forces Expeditionary Medal and Army Commendation Medal.

5.  Section 4 (Chronological Record of Military Service) of his DA Form 24 shows he received an "excellent" conduct and efficiency ratings throughout his military service with the exception of an "unknown" rating, from 1 to 3 June 1963 and from 25 April to 14 May 1964.

6.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 does not show award of the Army Good Conduct Medal.  Additionally, his service records do not contain official orders awarding him the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

8.  Department of the Army General Orders Number 3, dated 1966, awarded the 232nd Signal Company the Meritorious Unit Commendation for service from February 1962 to June 1965.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  There is no indication that the 232nd Signal Company or the 39th Signal Battalion was awarded the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during the applicant's service with this unit.

11.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  

	b.  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

	c.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	d.  The Republic of Vietnam 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.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms he served honorably on active duty during the period 26 October 1961 through 25 January 1965.  He received mostly excellent conduct and efficiency ratings, attained the rank/grade of SGT/E-5, and completed a combat tour in Vietnam.  His records contain no derogatory information or evidence that shows he was denied award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and to correct his DD Form 214 to show this award.  

2.  He served a qualifying period of service for award of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960), neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1 Carbine) which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  General orders awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both unit awards. 

5.  There is no evidence his unit of assignment was awarded the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during his service with this unit.

6.  He was awarded Armed Forces Expeditionary Medal for his Vietnam service.  The regulation prohibits entitlement to both the Armed Forces Expeditionary Medal and the Vietnam Service Medal for Vietnam service.  However, upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  

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 26 October 1961 through 25 October 1964
* adding to his DD Form 214 the:

* Good Conduct Medal (1st Award)
* National Defense Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine)

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 and Republic of Vietnam Civil Actions Honor Medal with First Class 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)                                         AR20110007812



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ABCMR Record of Proceedings (cont)                                         AR20110007812



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