IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110018051 


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 her husband's, a deceased former service member (FSM), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Vietnam service and medals he earned for his service in the Republic of Vietnam.

2.  The applicant states she wants the FSM's records to reflect the truth about him for the family's benefit.

3.  The applicant provides the FSM's:

* death certificate
* passport
* Selective Service System registration certificate
* DD Form 214

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 FSM was inducted into the Army of the United States on 19 March 1962. 
He completed basic combat and advanced individual training and was awarded military occupational specialty 723.10 (Communications Center Specialist).

3.  He was assigned to Headquarters and Headquarters Detachment, 39th Signal Battalion, in the Republic of Vietnam from 5 January 1963 to 7 March 1963.

4.  His DA Form 24 (Service Record) shows he:

* did not have any indiscipline or lost time
* was promoted to private first class (PFC)/pay grade E-3
* received "excellent" ratings in conduct and efficiency throughout his period of service
* was eligible for reenlistment

5.  On 10 May 1963, the FSM was released from active duty.  He completed 1 year, 1 month, and 22 days of active service that was characterized as honorable.

6.  His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  There are no orders in his military service records awarding him the Army Good Conduct Medal.

8.  The FSM died on 17 July 1983.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.

	a.  During the time of the FSM's assignment to Headquarters and Headquarters Company, 39th Signal Battalion, the unit received the Meritorious Unit Commendation (Army) for the period February 1962 to June 1965.

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal was awarded for honorable active service for any period from 1 January 1961 through 14 August 1974.

	b.  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.  Individuals who 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.

	c.  Based on the FSM's dates of service in Vietnam, table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows participation credit was awarded for the Vietnam Advisory Campaign (15 March 1962-7 March 1965).

	d.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case would be the Vietnam Service Medal.

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 the 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.

DISCUSSION AND CONCLUSIONS:

1.  According to the FSM's DA Form 24 he:
* 
did not have any indiscipline or lost time
* was promoted to PFC/pay grade E-3
* received "excellent" ratings in conduct and efficiency throughout his period of service
* was eligible for reenlistment

2.  Therefore, there is sufficient evidence to indicate he was eligible for the first award of the Army Good Conduct Medal based on completion of qualifying service from 19 March 1962 to 10 May 1963 ending with termination of a period of Federal military service.

3.  The FSM was authorized the National Defense Service Medal based on his period of service.

4.  Based on the FSM's period of service in the Republic of Vietnam, he would have been authorized the Armed Forces Expeditionary Medal.  He could have chosen, at a later date, to be awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal.  However, there is no evidence to indicate he knew of this provision in the regulation prior to his death and the Armed Forces Expeditionary Medal was never included on his DD Form 214.

5.  The applicant specifically requested that Vietnam service be indicated on the FSM's DD Form 214.  Therefore, in order to best provide relief, it is appropriate to show the FSM was authorized the Vietnam Service Medal in this case.  Based on his period of service in the Republic of Vietnam, he would have been authorized one bronze service star to be worn on the Vietnam Service Medal.

6.  Based on his service in the Republic of Vietnam, the FSM was also authorized the:

* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  awarding the FSM the Army Good Conduct Medal (1st Award) for his period of service from 19 March 1962 to 10 May 1963 and

	b.  amending the FSM's DD Form 214 by adding the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110018051



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ABCMR Record of Proceedings (cont)                                         AR20110018051



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