IN THE CASE OF:	  

		BOARD DATE:  29 January 2013

		DOCKET NUMBER:  AR20120011489 


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:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Korea Service Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
* Overseas Service Ribbon

2.  The applicant states his DD Form 214 does not reflect all his awards. 

3.  The applicant does not provide any evidence. 

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 was inducted into the Army of the United States on 11 October 1967.  He was discharged on 12 October 1967 and enlisted in the Regular Army for 3 years on 13 October 1967.

3.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 43J (Textile Repairer).  

4.  Special Orders (SO) Number 240, issued by Headquarters, 2nd Training Brigade, Fort Jackson, SC, on 8 December 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  He served in Korea from 2 April 1968 to 2 April 1969 and upon completion of his Korea tour, he was reassigned to Fort Knox, KY.

6.  He was honorably discharged on 21 May 1969 for the purpose of immediate reenlistment in the RA.  A DD Form 214 for this period of service is not available for review; however, he was issued a Certification of Military Service that captured his honorable service from 13 October 1967 to 21 May 1969.

7.  He reenlisted in the RA for 6 years on 23 May 1969.  He remained assigned to the U.S. Armor Center, Fort Knox, KY.  While at Fort Knox, SO Number 220, issued by Headquarters, Special Troops Battalion, U.S. Army Armor Center, Fort Knox, KY, on 10 September 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Also while at Fort Knox, KY, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on/for:

* 23 October 1969, failing to go to his appointed place of duty and being absent without leave (AWOL) from 21 to 22 October 1969
* 31 January 1970, being AWOL from 24 to 30 January 1970
* 9 February 1970, being AWOL from 5 to 7 February 1970 and disobeying a lawful order

9.  On 14 June 1970, he was attached to Fort Polk, LA, pending a compassionate reassignment.  His request was disapproved and he was ordered to proceed to the U.S. Army Replacement Station, Oakland, CA, on 9 July 1970.

10.  He served in Vietnam from 12 July 1970 to 18 January 1971.  He was assigned to Headquarters and Headquarters Company, 185th Maintenance Battalion. 

11.  On 18 January 1971, his unit in Vietnam reported him in an AWOL status and on 1 February 1971, the unit dropped him from the Army rolls as a deserter.  Furthermore, his records show, between 18 December 1970 and 10 July 1971, he was reported in an AWOL status as follows:  18 to 23 December 1970; 18 January to 4 March 1971; and 1 May to 10 July 1971.

12.  On 10 August 1971, court-martial charges were preferred against him for three specifications of AWOL.  He submitted a request for voluntary discharge in lieu of trial by a court-martial.  His request was approved by the separation authority and he was ordered discharged with an Undesirable Discharge Certificate.  

13.  He was discharged on 23 August 1971 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separation) with an under other than honorable conditions characterization of service.  His DD Form 214 for this period of service, as amended by a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) shows:

* He completed 1 year, 11 months, and 24 days of active service and he had 98 days of lost time
* He completed 3 months and 23 days of foreign service
* He was awarded or authorized the Vietnam Service Medal, Vietnam Campaign Medal, and Combat Infantryman Badge

14.  His records contain three DA Forms 20 (Enlisted Qualification Record).  These forms show in:

* Item 39 (Record of Assignments) he received "Good" conduct and efficiency ratings from 10 October to 4 November 1968, unknown rating on 22 July 1970, and unsatisfactory rating from 19 October 1970 until discharge.
* Item 41 (Awards and Decorations) the National Defense Service Medal, Armed Forces Expeditionary Medal, and Vietnam Service Medal
* Item 44 (Time Lost) multiple entries of lost time due to AWOL beginning on 5 February 1970 and ending on 9 July 1970 

15.  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.  

16.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

	c.  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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  The Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

	e.  Paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

17.  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 (HQ), U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 HQ, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

18.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

19.  U.S. Army Vietnam Regulation Number 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted on active duty on 11 October 1967.  He enlisted in the Regular Army on 13 October 1967 and he was honorably discharged on 21 May 1969.  He reenlisted on 22 May 1969 and he was discharged with an undesirable discharge on 23 August 1971.  He completed a total of 3 years, 7 months, and 16 days and he had 95 days of lost time.  

2.  With respect to the Army Good Conduct Medal:

	a.  He was eligible for the first award of the Army Good Conduct Medal on 10 October 1970 based on 3 years of continuous active service from 11 October 1967 to 10 October 1970.  However, during this period of service, he accepted NJP on three occasions in October 1969, January 1970, and February 1970; in each case he had a period of AWOL.  Additionally, his DA Form 20 shows he did not receive all "excellent" conduct and efficiency ratings during this period.  

	b.  Based on the regulatory guidance in effect at the time, he did not meet the criteria for award of the Army Good Conduct Medal and therefore he is not entitled to this award. 

3.  With respect to the National Defense Service Medal, the evidence of record shows he served a qualifying period of service for this award.  He should be entitled to correction of his DD Form 214 to show it.

4.  With respect to the Vietnam Service Medal, although this award is already listed on his DD Form 214, the evidence of record shows he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to a bronze service stars to be affixed to the Vietnam Service Medal.

5.  With respect to the Vietnam Campaign Medal, the evidence of record shows he served in Vietnam from 12 July 1970 to 18 January 1971.  This period of service qualified him for this award and it is already listed on his DD Form 214. 

6.  With respect to the Combat Infantryman Badge, there is no evidence he held an infantry MOS or he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  He held a maintenance MOS and served with a maintenance unit.  He does not qualify for this badge.  However, for unknown reasons, his DD Form 214 listed it.  It is the policy of this Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.

7.  He served in Korea from 2 April 1968 to 2 April 1969.  This period of service qualified him for award of the Armed Forces Expeditionary Medal (Korea).  It also qualifies him for award of the Korea Defense Service Medal.  He should have his DD Form 214 corrected to show both medals.  

8.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

9.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

10.  Although he served in Korea and Vietnam and received overseas tour credit for Korea, he was not in an active status on 1 April 1981 when the Overseas Service Ribbon was created.  Therefore, he does not meet the criteria for this award.

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 the:

* National Defense Service Medal
* One bronze service star to his already-awarded Vietnam Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 Army Good Conduct Medal and the Overseas Service Ribbon.



      _______ _  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)                                         AR20120011489





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011489



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1