IN THE CASE OF:	  

		BOARD DATE:	    20 August 2013

		DOCKET NUMBER:  AR20130001823 


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, in effect, that he be awarded the Army Good Conduct Medal (AGCM) and Vietnam Service Medal (VSM).

2.  The applicant states after looking over his military record with his veteran brother he realized he never received either of the medals listed above nor were they listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copy of his DD Form 214, DA Form 137 (Installation Clearance Record), and a Letter of Commendation.

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 18 October 1965.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  His record is void of any orders or documents indicating he was ever recommended for or awarded the AGCM.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Korea (ROK) with the United States Army Pacific (USARPAC) from 15 March 1966 to 20 April 1967.

6.  On 17 October 1968, the applicant was honorably released from active duty in the rank of sergeant/E-5 after completing 3 years of active duty service.  His DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Army Regulation 672-5-1 (Military Awards) provided the Army's awards policy in effect at the time.  It stated the AGCM 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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Armed Forces Expeditionary Medal (AFEM) is authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  It is awarded for service in Korea from 1 October 1966 to 30 June 1974.

	b.  The 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 Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the AGCM and VSM has been carefully considered and there is sufficient evidence to grant partial relief.

2.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received "excellent" efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM and add it to his DD Form 214.

3.  Records do not show that the applicant served in Vietnam to be awarded the VSM.  Therefore, the applicant is not entitled to the VSM.

4.  However, his record shows he served in the ROK during the period 15 March 1966 to 20 April 1967.  This period of service entitles him to award of the AFEM and KDSM.  As such, these awards should be added to his DD Form 214. 









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:

	a.  awarding him the AGCM (1st award) for the period 18 October 1965 through 17 October 1968 and 

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

* AGCM (1st Award)
* AFEM
* KDSM

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 VSM.




      __________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)                                         AR20130001823





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ABCMR Record of Proceedings (cont)                                         AR20130001823



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