IN THE CASE OF:	  

		BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130011193 


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 the Presidential Service Badge and Certificate be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 June 1965.

2.  The applicant states all awards should be noted on his DD Form 214.

3.  The applicant provides:

* DD Form 214 with an effective date of 10 June 1962
* DD Form 214 with an effective date of 10 June 1965
* Presidential Service Certificate Number 994, dated 1 September 1964
* a letter, dated 30 September 1964, from the White House

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.  On 28 May 1960, he enlisted in the Regular Army for 3 years.  On 11 June 1962, he immediately reenlisted for 3 years.

3.  While assigned to the 1st Student Enlisted Company at Fort Eustis, VA from 29 October 1962 - 23 January 1963 he received an efficiency rating of "Good (A)."  He had all "excellent" conduct and efficiency ratings during the remaining period from 28 May 1960 - 27 May 1963.

4.  He was promoted to specialist five on 19 August 1963.

5.  He was assigned to the 140th Transportation Detachment from 20 February 1963 - 23 January 1964 in the Republic of Vietnam.

6.  He provided his Presidential Service Certificate for honorable service in the White House, signed by President Lyndon B. Jonson on 1 September 1964.

7.  He provided a letter, dated 30 September 1964, signed by the Military Aide to the President of the United States awarding him the Presidential Service Badge and Certificate.  This award represented a period of service to the President of the United States for 1 year or longer subsequent to 20 January 1961.  A letter, dated 25 August 1965, from the Department of the Army, Office of the Adjutant General forwarded this award to his commanding officer for presentation.

8.  On 10 June 1965, he was released from active duty.  His DD Form 214 shows he was awarded the:

* Armed Forces Expeditionary Medal (Vietnam)
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  

	a.  During the period he was assigned to the 140th Transportation Detachment the unit was awarded the Meritorious Unit Commendation (Army) for the period April 1963 - February 1964.  

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.  

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

	a.  The National Defense Service Medal was awarded for honorable active service from 1 January 1961 - 14 August 1974.  

	b.  The Presidential Service Badge and the Presidential Service Certificate were established by Executive Order 11174, 1 September 1964 as amended by Executive Orders 11407, 23 April 1968; Executive Order 11520, 25 March 1970; 
and Executive Order 12793, 20 March 1992.  This award replaced the White House Service Badge and Certificate established by Executive Order 10879,
1 June 1960.  The certificate is awarded, in the name of the President by the Secretary of the Army, to members of the Army who have been assigned to the White House Office; to military units and support facilities under the administration of the White House Military Office or to other direct support positions with the Executive Office of the President (EOP).  The badge is awarded to those members of the Armed Forces who have been granted the Certificate and is awarded in the same manner in which the certificate is given.  Once the badge is awarded, it may be worn as a permanent part of the uniform.

	c.  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.  

12.  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.
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.  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.

13.  Army Regulation 635-5 (Personnel Separations, Separation Documents), in effect at the time, stated that all decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214 were included on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The letter, dated 30 September 1964, from the White House awarded him the Presidential Service Badge and Certificate.  Therefore, this award should be added to his DD Form 214.

2.  His records do not show indiscipline, lost time, or a record of courts-martial during the period from 28 May 1960 - 27 May 1963.  He received "excellent" conduct and efficiency ratings with the exception of one "good" academic efficiency rating during this period.  The "good" rating was given while attending a service school and therefore is not disqualifying.  Therefore, he is entitled to the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of three years from 28 May 1960 - 27 May 1963.  

3.  He served honorably during a period of eligibility for the National Defense Service Medal.  Therefore, he is entitled to this award.

4.  Based on his service with the 140th Transportation Detachment he is authorized the Meritorious Unit Commendation (Army).

5.  Based on his service in Vietnam he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

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:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period of service from  28 May 1960 - 27 May 1963; and

	b.  adding the following awards to his DD Form 214 with an effective date of 10 June 1965:

* Army Good Conduct Medal (First Award)
* Meritorious Unit Commendation (Army) 
* National Defense Service Medal
* Presidential Service Badge and Certificate
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20130011193



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ABCMR Record of Proceedings (cont)                                         AR20130011193



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