BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120005665 


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 award off the Army Good Conduct Medal and the Korea Defense Service Medal.  He also requests correction of his DD Form 214 (Report of Separation from Active Duty) to show both awards. 

2.  The applicant states:

* He never received the Army Good Conduct Medal after 3 years of service
* His behavior was good during the first 3 years of service
* The Korea Defense Service Medal was approved after his release from active duty in 1975

3.  The applicant provides his DD Form 214 for the period ending on 1 May 1975.

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's records show he enlisted in the Regular Army on 15 June 1970 and he held military occupational specialty 76Y (Unit Supply Specialist). 

3.  He served in Vietnam from 5 December 1970 to 4 December 1971.  He was assigned to the 592nd Transportation Company.  

4.  He was honorably discharged on 27 April 1972 for the purpose of immediate reenlistment.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with "1960" Device
* Two overseas service bars

5.  He reenlisted in the Regular Army on 28 April 1972.  He subsequently served in Korea from 14 September 1972 to 6 October 1973.  

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 1 May 1975.  His DD Form 214 shows he completed 3 years of active service during this period and 1 year, 10 months, and 13 days of prior active service.  This form also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with "1960" Device
* Two overseas service bars
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his military service
* Item 41 (Awards and Decorations) no listing of the Army Good Conduct Medal

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who 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.

10.  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
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

11.  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 have 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he served honorably from 15 June 1970 through 1 May 1975.  He served in Vietnam and Korea and he received "excellent" conduct and efficiency ratings throughout this period of military service.  He attained the rank/grade of SP4/E-4.  In the absence of derogatory information that would have disqualified him for award of the Good Conduct Medal (1st Award) it would be appropriate to award him this medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows the applicant served in Korea from September 1972 to October 1973.  By regulation, he served a qualifying period for the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award. 

BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 June 1970 through 14 June 1973 
* adding to his DD Form 214 for the period ending 1 May 1975 the Army Good Conduct Medal (1st Award), Korea Defense Service Medal, and 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)                                         AR20120005665





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ABCMR Record of Proceedings (cont)                                         AR20120005665



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