BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110023589 


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 all of his authorized awards to include the Army Good Conduct Medal and National Defense Service Medal.

2.  The applicant states he served honorably in the Republic of Vietnam (RVN) and wants his discharge to reflect his service.

3.  The applicant provides a copy of his 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.  On 31 January 1963, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 67M (Helicopter Mechanic).

3.  Records show the applicant served the following overseas tours of duty:

	a.  Republic of Korea (ROK) from 1 October 1963 to 26 August 1964 and

	b.  RVN from 10 October 1965 to 26 January 1966 where was assigned for duty with Headquarters and Headquarters Company (HHC), 1st Brigade, 1st Infantry Division.

4.  On 27 January 1966, the applicant was released from active duty.  He attained the rank specialist five/pay grade E-5 and completed 2 years, 11 months, and 27 days of creditable active duty service.

5.  The applicant's DD Form 214 lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Vietnam Service Medal.

6.  Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows that his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence showing the applicant's commander took any action to deny him the Army Good Conduct Medal.

7.  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 is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

	b.  The Korea Defense Service Medal (KDSM) 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 ROK.  

	c.  Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the following two campaigns:  Vietnam Defense and Vietnam Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that during the time of the applicant's assignment to HHC, 1st Brigade, 1st Infantry Division, this unit was cited in:

	a.  Department of the Army General Orders (DAGO) Number 21, dated 1969, for award of the RVN Gallantry Cross with Palm Unit Citation, and

	b.  DAGO Number 53, dated 1970, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards to include the Army Good Conduct Medal and National Defense Service Medal.

2.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist five and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal at this time.

3.  Records show the applicant served during a qualifying period for award of the National Defense Service Medal and Korea Defense Service Medal.  Therefore, his records should be corrected to show these service medals.

4.  Records show the applicant participated in two campaigns during his service in the RVN.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited in DAGO for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.



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 him the Army Good Conduct Medal (1st Award) for the period 31 January 1963 to 27 January 1966,

	b.  deleting the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal 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)                                         AR20110023589



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ABCMR Record of Proceedings (cont)                                         AR20110023589



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