IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110009849 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Vietnam Service Medal, Republic of Vietnam (RVN) Campaign Medal, and Presidential Unit Citation.

2.  The applicant states he has two Overseas Service Bars but there is nothing on his uniform to show he served in Vietnam.

3.  The applicant provides a Letter of Appreciation and other RVN related 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.  His military records show he enlisted in the Regular Army on 9 March 1949 and continued to serve through numerous reenlistments until retirement.

3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the RVN during the period 24 April 1962 to 23 April 1963 he was assigned to the U.S. Army Element Military Assistance Advisory Group.

4.  His DA Form 20 shows the following awards:

* Army of Occupation Medal (Japan)
* Bronze Star Medal
* Republic of Korea Presidential Unit Citation
* Distinguished Unit Citation
* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal
* Army Good Conduct Medal (9 March 1949-8 March 1952)
* Army Good Conduct Medal (9 March 1952-8 March 1955)
* Armed Forces Expeditionary Medal (RVN)
* National Defense Service Medal (2nd Award)
* two Overseas Service Bars
* Army Commendation Medal

5.  His DD Form 214 for the period ending 12 December 1951 shows award of the Army of Occupation Medal (Japan), Bronze Star Medal, Korean Presidential Unit Citation, Korean Service Medal with five bronze service stars, and Distinguished Unit Citation.

6.  His DD Form 214 for the period ending 21 December 1963 shows award of the Armed Forces Expeditionary Medal.

7.  On 31 March 1969, he retired in the rank of sergeant first class after completing 20 years, 10 months, and 28 days of active service.  The DD Form 214 he was issued at the time shows award of the Armed Forces Expeditionary Medal, National Defense Service Medal (2nd Award), and Army Commendation Medal. 

8.  His records are void of orders or any other documents that indicate he was recommended for or awarded the 3rd, 4th, 5th, and 6th awards of the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.
9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

10.  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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

11.  Army Regulation 600-8-22 states the RVN 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 20 shows awards that are not listed on his DD Form 214 for the period ending 31 March 1969.  As such, he is entitled to have this DD Form 214 corrected to show the following awards:

* Army of Occupation Medal (Japan)
* Bronze Star Medal
* Republic of Korea Presidential Unit Citation
* Distinguished Unit Citation
* Korean Service Medal with one silver service star
* United Nations Service Medal

2.  His DA Form 20 shows he served in the RVN 1 year during the period 24 April 1962 to 23 April 1963 which is a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

3.  The available evidence shows he served in Vietnam during a qualifying period for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his 
DD Form 214 should be corrected to show this unit award.

4.  The available evidence shows he served in Korea during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his 
DD Form 214 should be corrected to show this award.

5.  He was awarded the Armed Forces Expeditionary Medal for his service in Vietnam.  A service member may not be issued both the Armed Forces Expeditionary Medal and Vietnam Service Medal for service in Vietnam.  As such, he is not entitled to have the Vietnam Service Medal added to his DD Form 214 at this time.

6.  The Army Good Conduct Medal is awarded for each 3 years of qualifying service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence he was awarded the Army Good Conduct Medal for his service during the period 9 March 1955-31 March 1969.  There is also no record that any disciplinary action was taken against him or that he was disqualified by his chain of command for this award.  Therefore, it would be appropriate to publish the following orders for award of the Army Good Conduct Medal and add the Army Good Conduct Medal (6th Award) to his DD Form 214:

* 3rd Award for the period 9 March 1955-8 March 1958
* 4th Award for the period 9 March 1958-8 March 1961
* 5th Award for the period 9 March 1961-8 March 1964
* 6th Award for the period 9 March 1964-8 March 1967

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 3rd Award for the period 9 March 1955-8 March 1958
* Army Good Conduct Medal 4th Award for the period 9 March 1958-8 March 1961
* Army Good Conduct Medal 5th Award for the period 9 March 1961-8 March 1964
* Army Good Conduct Medal 6th Award for the period 9 March 1964-8 March 1967; and



	b.  adding the following awards to his DD Form 214 for the period ending 31 March 1969:

* Army of Occupation Medal (Japan)
* Bronze Star Medal
* Republic of Korea Presidential Unit Citation
* Distinguished Unit Citation
* Korean Service Medal with one silver service star
* Republic of Korea War Service Medal
* United Nations Service Medal
* Army Good Conduct Medal (6th Award)
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation

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 adding the Vietnam Service Medal to his DD Form 214.



      _______ _ 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)                                         AR20110009849



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ABCMR Record of Proceedings (cont)                                         AR20110009849



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