IN THE CASE OF:	  

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130014435 


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 (Certificate of Release or Discharge from Active Duty) to show all awards and decorations he may be entitled to, in particular, the Vietnam Service Medal.

2.  The applicant states he has certified documentation that states he is entitled to the Vietnam Service Medal.  

3.  The applicant provides:

* Official Statement of Awards
* Special Orders Number 267
* Special Orders Number 215
* AHRC Form 249-2-E (Chronological Statement of Retirement Points)
* 2 DD Forms 214

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's records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he was ordered to active duty training in the Army National Guard on 26 January 1963.  He was awarded military occupational specialty (MOS) 131.00 (Armor Crewman).  On 25 July 1963, he was relieved from active duty training and returned to State control as a member of the Army National Guard of Illinois to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. 

3.  The applicant enlisted in the Regular Army on 29 October 1963 and was awarded MOS 16B (Hercules Missile Crewman).  He served in the Republic of Vietnam with Battery A, 2nd Battalion (Aerial Artillery), 20th Artillery Regiment, 1st Cavalry Division.

4.  Special Orders Number 215, issued by Headquarters, 1st Missile Battalion (Nike-Hercules), 62nd Artillery, Scott Air Force Base, IL, shows the applicant was ordered to report to Travis Air Force Base, CA, on 21 December 1965 to depart on flight P541.

5.  On 24 September 1966, the applicant was released from active duty in the rank/grade of sergeant (SGT)/E-5 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  The DD Form 214 he was issued at the time shows he performed 1 year,            2 months, and 9 days of foreign service in the U.S. Army Pacific.  This form further shows he was awarded the:

* Air Medal (2nd oak leaf cluster)
* Combat Infantryman Badge
* Aircraft Crewman Badge
* National Defense Service Medal
* Vietnam Campaign Medal 
* Marksman Marksmanship Qualification Badge with Missile Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* an overseas service bar

6.  The applicant provides and his records contain a DD Form 214 that shows while as a member of the USAR, he was called to active duty in support of Operation Noble Eagle for the period 1 October 2001 through 8 September  2002.  This form further shows the following awards and decorations from all periods of his service:

* Air Medal (3rd Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (4th Award)
* Army Reserve Components Achievement Medal (5th Award)
* National Defense Service Medal (3rd Award)
* Armed Forces Reserve Medal and Mobilization
* Armed Forces Reserve Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with    Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Army Reserve Components Overseas Training Ribbon (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Aircraft Crewman Badge

7.  Effective 7 October 2002, the applicant was assigned to the Retired Reserve after completing over 20 years of qualified service for retirement pay at age 60.

8.  The applicant provides a copy of an unsigned Official Statement of Awards, issued by an assistant adjutant general, USAR Personnel Center, dated            24 February 1989.  The document states the applicant's records show he is entitled to the following awards for his service in the U.S. Army:

* Air Medal with Numeral 2
* Army Good Conduct Medal
* National Defense Service Medal 
* Army Service Ribbon
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Carbine Bar

9.  Army Regulation 600-8-22 (Military Awards) 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show all awards and decorations he may be entitled to, in particular, the Vietnam Service Medal, has been carefully examined and found to have merit.

2.  While the exact dates of the applicant's service in the Republic of Vietnam are ambiguous, the evidence of record clearly shows he is entitled to the Vietnam Service Medal with one bronze service star for his service with Battery A, 2nd Battalion (Aerial Artillery), 20th Artillery Regiment, 1st Cavalry Division.

3.  The applicant served honorably during the period 29 October 1963 through 24 September 1966.  He served in the Republic of Vietnam, received numerous awards and decorations, and attained the rank/grade of SGT/E-5.  His file contains no information that would have disqualified him for the award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

4.  The applicant was called to active duty in support of Operation Noble Eagle and served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 October 1963 through
24 September 1966, and

	b.  adding to his DD Form 214 for the period ending 8 September 2002 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Global War on Terrorism 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)                                         AR20130014435





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ABCMR Record of Proceedings (cont)                                         AR20130014435



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