IN THE CASE OF:	  

		BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130002623 


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 award of the Vietnam Service Medal.

2.  The applicant provides no additional statement.

3.  The applicant provides:

* his DD Form 214 (Report of Transfer or Discharge)
* Letter Orders 9-11, issued by Headquarters, Qui Nhon Support Area, APO 96238 (Vietnam), dated 15 September 1965

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 23 October 1962.  He completed training and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman).  In 1965 he retrained and he was awarded MOS 71B (Clerk Typist).

3.  His record contains:

* Special Orders Number 238, issued by Headquarters, 4th Training Brigade, U.S. Army Training Center (USATC), Armor, Fort Knox, KY, dated 11 December 1962, that awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Special Order Number 22, issued by Headquarters, 3rd Training Regiment, USATC, Fort Gordon, GA, dated 12 February 1963, that awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 millimeter (mm))
* Special Orders Number 32, issued by the same headquarters, dated
27 February 1963, that awarded him the Expert Marksmanship Qualification Badge with Mortar Bar (4.2 mm mortar)
* Special Orders Number 38, issued by the same headquarters, dated
6 March 1963, that awarded him the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm mortar)
* Special Orders Number 215, issued by Headquarters, 2nd Infantry Division, Fort Benning, GA, dated 2 September 1964, that awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant's DA Form 24 (Service Record) shows the applicant:

	a.  served in Korea with Headquarters Troop, 1st Reconnaissance Squadron, 9th Cavalry Division from 18 April 1963 through 8 April 1964; 

	b.  served in Vietnam with Company B, 15th Transportation Corps Battalion, 1st Cavalry Division from 17 September 1965 through 4 October 1965; and

	c.  was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  The applicant provided Letter Orders 9-11, dated 15 September 1965, that reassigned him from Vietnam on 30 days of emergency leave en route to U.S. Army Garrison, Fort Sheridan, IL for separation processing.

6.  On 14 March 1966, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 3 years, 4 months, and
22 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  His record contains a memorandum from the Commander, First Coast Guard District, Boston, MA, subject:  U.S. Army Good Conduct Medal, Issuance of: Request for, dated 16 May 1975.  It appears that while serving in the U.S. Coast Guard Reserve (USCGR), the applicant's command requested the applicant be awarded the Army Good Conduct Medal for his period of Army service from 23 October 1962 through 14 March 1966.  His record further contains a DA Form 1577 (Authorization for Issuance of Awards), signed by The Adjutant General, Washington, D.C., dated 11 July 1975 that authorized the issuance of the Army Good Conduct Medal to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It 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/or 11 September 2001 and a date to be determined.

	b.  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.  It states that 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, the applicant participated in the Vietnam Defense Campaign (8 March - 24 December 1965).

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

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Company B, 15th Transportation Corps Battalion, 1st Cavalry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was awarded the Army Good Conduct Medal (1st Award) by The Adjutant General, Washington, D.C., on 11 July 1975.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant served during a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Evidence shows the applicant served during a qualifying period of service for entitlement to the Vietnam Service Medal.  Records also show he participated in one campaign during this period of service.  Therefore, he is entitled the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

4.  The applicant served during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD form 214 should be corrected to show this unit award.

6.  Special orders awarded the applicant the following weapons qualification badges.  Therefore, his DD Form 214 should be corrected to show the following badges:

* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar 
(106 millimeter (mm))
* Expert Marksmanship Qualification Badge with Mortar Bar
(4.2 mm mortar)
* Expert Marksmanship Qualification Badge with Mortar Bar (81 mm mortar)

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar
(106 millimeter (mm))
* Expert Marksmanship Qualification Badge with Mortar Bar
(4.2 mm mortar)
* Expert Marksmanship Qualification Badge with Mortar Bar
   (81 mm mortar)



      ___________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)                                         AR20130002623



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ABCMR Record of Proceedings (cont)                                         AR20130002623



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