IN THE CASE OF:	  

		BOARD DATE:  22 January 2013

		DOCKET NUMBER:  AR20120012911 


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 award of the Vietnam Service Medal and any other medals or awards to which he may be entitled. 

2.  The applicant states:

* he served in Korea and was sent to the Republic of Vietnam for field training with a Republic of Korea unit, White Horse Division, as part of Operation Paul Revere
* this is his second request and he never received a response from his first request
* correction of his DD Form 214 to show these awards will assist him in getting his due benefit entitlements
* he was in country on the ground with J____ B____ who was also serving in the U.S. Army in approximately 1966 during the monsoon season
* his unit completed field maneuvers and basically went in for body count and recovery

3.  The applicant provides no additional 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 enlisted in the Regular Army on 2 November 1965.  He completed training and was awarded military occupational specialty 63C (Track Vehicle Mechanic).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), U.S. Army Pacific, Korea, 26 May 1966 through 18 June 1967
* item 38 (Record of Assignments), Troop C, 2nd Squadron, 10th Cavalry, 7th Infantry Division, during the period 12 June 1966 to 18 June 1967
* item 41 (Awards and Decorations), National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  Item 38 of the applicant's DA Form 20 also shows he received all "excellent" conduct and efficiency ratings.

5.  On 1 November 1968, the applicant was honorably released from active duty. 
His DD Form 214 shows he completed 3 years of creditable active military service including 1 year and 23 days of foreign service.

6.  His DD Form 214 shows he was awarded the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  A review of the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, does not show he served with a Korean unit in the Republic of Vietnam.

8.  His record is void of documentation showing he received a commander's disqualification for award of the Army Good Conduct Medal.

9.  On 20 May 2003, the applicant submitted an application to the ABCMR with the same request as the current application.  However, on 25 March 2004, his application was returned to him without action as it was technically incomplete.

10.  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.  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.

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 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.

12.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Vietnam Service Medal and any other medals or awards to which he may be entitled was carefully considered.

2.  Although the applicant contends he was sent to the Republic of Vietnam for field training with a Republic of Korea unit, his AMHRR contains no records of him serving in the Republic of Vietnam.  As a result, there is insufficient evidence to award him the Vietnam Service Medal.

3.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 2 November 1965 through 1 November 1968 and his DD Form 214 should be corrected to show this award.

4.  The applicant served a qualifying period of service for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show 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 the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 2 November 1965 through 1 November 1968 and

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

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal

2.  The Board further determined 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 award of the Vietnam Service Medal.



      _______ _  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)                                         AR20120012911



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ABCMR Record of Proceedings (cont)                                         AR20120012911



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