IN THE CASE OF:	  

		BOARD DATE:  10 September 2013

		DOCKET NUMBER:  AR20130002587 


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 the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Good Conduct Medal.

2.  The applicant states he is authorized the awards in accordance with Army Regulation 600-8-22 (Military Awards).  He adds that he was unaware of any other awards or decorations he was supposed to have received upon his discharge from the U.S. Army during the Vietnam Era.

3.  The applicant provides copies of:

* DD Form 214
* Excerpts of Army Regulation 600-8-22

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 30 March 1967.  He was awarded military occupational specialty (MOS) 16B (Hercules Missile Crewman) upon completion of initial entry training.  He was later awarded MOS 91B (Medical Specialist) as his primary MOS.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Okinawa from 24 August 1967 to 22 February 1969.  Item 
38 (Record of Assignments) shows he served with the 1st Missile Battalion, 65th Artillery while in Okinawa and that he received all "excellent" conduct and efficiency ratings throughout his active duty service.

4.  Headquarters, 1st Missile Battalion (Hercules), 65th Artillery, Special Orders Number 113, dated 2 October 1967, awarded him the Second Class (currently known as Marksman) Marksmanship Qualification Badge with Missile Bar.

5.  His record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

6.  He was honorably released from active duty on 27 March 1970 in the rank of specialist five.  He completed 2 years, 11 months, and 27 days of active duty service with no lost time.

7.  There is no evidence showing he served in Vietnam.  There is also no evidence indicating his unit in Okinawa provided direct combat support to U.S. forces in Vietnam.

8.  Army Regulation 600-8-22 states:

	a.  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.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) 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.

9.  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.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Good Conduct Medal has been carefully considered.

2.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 30 March 1967 to 27 March 1970 and to add this award to his 
DD Form 214.

3.  Orders show he was awarded the Marksman Marksmanship Qualification Badge with Missile Bar.  This badge should be added to his DD Form 214.

4.  There is no evidence showing he served in Vietnam or that his unit in Okinawa provided direct combat support to U.S. Forces in Vietnam.  Therefore, he is not authorized the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).


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 Army Good Conduct Medal (1st Award) for the period 
30 March 1967 to 27 March 1970 and

	b.  adding to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Missile Bar

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 adding to his DD Form 214 the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).




      _______ _  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)                                         AR20130002587



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002587



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1