BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120009099 


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:

* Good Conduct Medal with three loops
* Meritorious Service Medal

2.  The applicant states, in effect, he wants his DD Form 214 to be accurate. 

3.  The applicant provides:

* DD Form 214 for the period ending 31 October 1970
* Certificate and citation showing award of the Meritorious Service Medal

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 is a retired command sergeant major (CSM) who, after having had prior service, served in the Regular Army through multiple reenlistments in a variety of stateside and/or overseas assignments, from 1 September 1948 to 31 October 1970.  

3.  He was placed on the retired list in his retired rank of CSM on 1 November 1970.  He was credited with 22 years and 2 months of total active service.  He completed the following periods of foreign service:

* Japan, from 10 October 1951 to 12 October 1952
* Hawaii, 18 February 1955 to 5 November 1957
* Korea, 2 April 1965 to 15 March 1966
* Vietnam, 10 January to 5 June 1970; he was assigned to the 145th Aviation Battalion

4.  His service records contain the following separation/discharge documents:

* DD Form 214 (Report of Separation from the Armed of the United States) covering the period 1 September 1948 through 17 January 1951; this form shows no awards or decorations
* DD Form 214 covering the period 7 June 1955 through 6 June 1961; this form shows the Good Conduct Medal with 4 loops and the Expert Infantryman Badge 
* DD Form 214 covering the period of service 7 June 1967 through 19 March 1970; this form shows the following awards:

* Good Conduct Medal with one silver loop
* National Defense Service Medal with 1st oak leaf cluster
* Expert Infantryman Badge
* Army Commendation Medal
* ACM (possibly American Campaign Medal)
* Meritorious Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Badge (M-16)

* DD Form 214 covering the period of service 19 March 1970 through 31 October 1970 (Retirement DD Form 214); this form shows the following awards:
* Vietnam Campaign Medal with 1960 Device
* Vietnam Service Medal
* Air Medal
* Army Commendation Medal with oak leaf cluster

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists multiple awards of the Army Good Conduct Medal – shown as GCM - and the authority for each award as follows:

* GCM, 1st Award, 12 April 1952
* GCM with 2 bronze loops, 12 April 1955
* GCM with 3 bronze loops, 12 April 1958
* GCM with 4 bronze loops, 12 October 1961
* GCM with 5 bronze loops, 12 April 1964
* GCM with 6 bronze loops, 12 April 1967
* GCM with 2 silver loops, 14 April 1970

6.  On 6 October 1969, Headquarters, Third U.S. Army, Fort McPherson, GA, published General Orders Number 286, awarding him the Meritorious Service Medal for service from 4 April 1966 to 1 September 1969. 

7.  On 12 October 1970, Headquarters, U.S. Army Training Center, Fort Jackson, SC, published General Orders Number 170 awarding him the Good Conduct Medal (7th Award) for service from 15 April 1967 to 14 April 1970.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  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.  Paragraph 4-9 of Army Regulation 600-8-22 states a clasp is authorized for wear on the Army Good Conduct Medal to denote second or subsequent awards.  Table 4-1 shows the following clasps authorized for second and subsequent award of the Good Conduct Medal:

* Award: 2nd		Clasps: Bronze, 2 loops
* Award: 3rd		Clasps: Bronze, 3 loops
* Award: 4th		Clasps: Bronze, 4 loops
* Award: 5th		Clasps: Bronze, 5 loops
* Award: 6th		Clasps: Silver, 1 loop
* Award: 7th		Clasps: Silver, 2 loops
* Award: 8th		Clasps: Silver, 3 loops
* Award: 9th		Clasps: Silver, 4 loops
* Award: 10th		Clasps: Silver, 5 loops
* Award: 11th		Clasps: Gold, 1 loop

9.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.  

10.  Army Regulation 600-8-22 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.

11.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 145th Aviation Battalion, from 10 January to 5 June 1970, this unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 January 1969 to 30 September 1970, based on Department of the Army general Orders (DAGO) Number 6, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 May 1969 to 15 May 1970, based on DAGO Number 55, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Meritorious Service Medal, the evidence of record shows the applicant was awarded the Meritorious Service Medal for service from 4 April 1966 to 1 September 1969.  This award is correctly shown on his DD Form 214 ending on 19 March 1970.  However, there will be no harm to the Army or the applicant if this award is added to his DD Form 214 ending on 31 October 1970.


2.  With respect to the Army Good Conduct Medal:

	a.  The applicant was awarded 7 awards of the Army Good Conduct Medal.  By regulation, the authorized clasps with the 7th award of the Army Good Conduct Medal is silver, 2 loops.  A third loop would have required him to complete 3 more years of service and be awarded an 8th award of the Army Good Conduct Medal.  He did not do so. 

	b.  Nevertheless, this award is incorrectly shown on his DD Form 214 for the period ending 19 March 1970 and not shown at all on his DD Form 214 for the period ending 31 October 1970.  As a matter of clarity, his DD Form 214 for the period ending on 31 October 1970 should be corrected to show the Army Good Conduct Medal (7th Award).

3.  The applicant served in Korea from April 1965 to March 1966.  By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214, ending on 31 October 1970, to show these service stars. 

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214, ending on 31 October 1970, to show these unit awards.

6.  As a matter of clarity, all previous awards he was awarded or authorized should be recorded on his retirement DD Form 214, ending on 31 October 1970. Also, as a side note, the applicant's DD Form 214 listed the "ACM" which is presumably the American Campaign Medal - although he could not have been awarded this medal since the period of eligibility is between 7 December 1941 and 2 March 1946.  As such, this award should be listed on his final DD Form 214 simply as the "ACM." 






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 adding to his DD Form 214 ending on 31 October 1970:

* Army Good Conduct Medal (7th Award)
* Meritorious Service Medal
* National Defense Service Medal (2nd Award)
* Expert Infantryman Badge
* ACM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 the Good Conduct Medal with 3 loops. 



      _______ _   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)                                         AR20120009099



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ABCMR Record of Proceedings (cont)                                         AR20120009099



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