IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110012822 


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 to be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) showing all of his authorized awards.

2.  The applicant states he served 9 years in the Army of which 13 months were in Korea, 34 months in Germany, and 12 months in Vietnam, and he is sure his records do not reflect all of his authorized awards.

3.  The applicant provides copies of his two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 on 31 October 1958 for a period of 3 years.  He completed training and served at Fort Ord, California, and Fort Knox, Kentucky, before being transferred to Korea on 1 June 1960.  On 11 June 1961, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for the period ending 11 June 1961 shows his only award as the Sharpshooter Marksmanship Qualification Badge with Rifle 
(M-1) Bar.

3.  On 12 June 1961, he reenlisted for a period of 6 years and assignment to Fort Knox.  He departed Korea on 21 June 1961 and was assigned to Fort Knox until 31 July 1962 when he was transferred to Germany.  He remained in Germany until 16 May 1965 and was transferred to Fort Riley Kansas, for assignment to Company C, 1st Battalion, 26th Infantry Regiment.

4.  On 25 September 1965, he was transferred to Vietnam with his unit.  He remained in Vietnam until 24 August 1966 when he was transferred to Fort Polk, Louisiana, where he remained until he was honorably discharged on 11 June 1967 due to the expiration of his term of service in the rank of staff sergeant.  He had completed a total of 8 years, 7 months, and 12 days of creditable active service with no lost time.  His DD Form 214 for the period ending 11 June 1967 shows he was awarded the Army of Occupation Medal, Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, and Army Good Conduct Medal (1st Award).

5.  Headquarters, 1st Battle Group, 21st Infantry, General Orders Number 42, dated 4 November 1962, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 2 November 1959 to 1 November 1962.   

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he received all “excellent” conduct and efficiency ratings.  There is no evidence of any derogatory information in his records.

7.  A review of his official records shows he participated in three campaigns while serving in Vietnam.  His records show that in addition to being awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar, he was awarded the Expert Marksmanship Qualification Badge with Rifle (M-14) and Bayonet Bars.

8.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty 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.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11.  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.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 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.

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  Effective 1 January 1967, all awards and decorations earned by the individual concerned were to be reflected on the DD Form 214 at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and appear to have merit.  The evidence of record shows the applicant is entitled to awards that are not reflected on his DD Form 214.

2.  The evidence of record shows he participated in three campaigns in Vietnam and is entitled to three bronze service stars for his already-awarded VSM.

3.  He served in Korea during a qualifying period for award of the KDSM.  Accordingly, he is entitled have the KDSM added to his DD Form 214 at this time.

4.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have these unit awards added to his DD Form 214.

5.  The applicant was also awarded the Expert Marksmanship Qualification Badge with Rifle (M-14) and Bayonet Bars and Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar and is entitled to have these badges added to his last DD Form 214.

6.  The applicant was awarded the first award of the Army Good Conduct Medal for the period 2 November 1959 to 1 November 1962.  However, he enlisted in the Army on 31 October 1958, he received all “excellent” conduct and efficiency ratings throughout his service, he has no derogatory information in his records, and he was honorably discharged on 11 June 1967 in the rank of staff sergeant.  It appears he should have been awarded the first award of the Army Good Conduct Medal for the period 31 October 1958 through 30 October 1961 and the second award for the period 31 October 1961 through 30 October 1964.  It would be appropriate to correct his first Army Good Conduct Medal orders and to award him the second award at this time.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

   a. Correcting Headquarters, 1st Battle Group, 21st Infantry General Orders Number 42 to show he was awarded the Army Good Conduct Medal (1st award) for the period 31 October 1958 through 30 October 1961;

   b. Awarding him the Army Good Conduct Medal (2d award) for the period    31 October 1961 through 30 October 1964;
   
   c. deleting the VSM and Army Good Conduct Medal (1st award) from block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his 11 June 1967 DD Form 214; and

   d. adding the Army Good Conduct Medal (2d award), KDSM, VSM with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-14) and Bayonet Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar to block 24 of his 11 June 1967 DD Form 214.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110012822



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ABCMR Record of Proceedings (cont)                                         AR20110012822



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