BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130015802 


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 add the Vietnam Service Medal and the name of his spouse J---e L-- S-----s (or JLS).

2.  The applicant states he and JLS were married in June 1964.  Additionally, he served in Vietnam from November 1965 to December 1965 and in Thailand from January 1966 to December 1966.  

3.  The applicant provides:

* Marriage license
* DD Form 214
* Discharge orders, dated 22 March 1970
* Department of Veterans Affairs decisional document, dated 5 March 2008

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 14 April 1964 and held military occupational specialty 51L (Refrigeration Specialist).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to:

	a.  Vietnam from 3 November 1965 to 19 December 1965 and served with U.S. Army Strategic Command (USASTRATCOM) Facility from 5 November 1965 to 20 November 1965.

	b.  He was assigned to Thailand from 20 December 1965 to 24 March 1967 and served with STRATCOM Facility Bangkok from 21 November 1965 to 
24 March 1967. 

4.  He was honorably released from active duty on 24 March 1967.  His DD Form 214 shows he completed 2 years, 11 months, and 11 days of net active service, of which 1 year, 4 months, and 22 days of foreign service.  Additionally, he was awarded or authorized the:

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

5.  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.  The applicant participated in the following one campaign:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Headquarters, United States Army Vietnam and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based for the period 30 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.
7.  A review of his service records shows he had “excellent” conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 14 April 1964 through 24 March 1967.

8.  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 qualified 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service in Vietnam qualifies him for award of the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to add the Vietnam Service Medal with one bronze service star.  

2.  GO award his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his service.  Therefore, he is entitled to correction of his DD Form 214 to add this unit award.

3.  He served honorably during the period 14 April 1964 through 24 March 1967. There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal 
(1st Award) and correction of her DD Form 214 to add this award.

4.  At the time of his service there was no provision for adding a Soldier's spouse 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 Army Good Conduct Medal (1st Award) for the period 14 April 1964 through 24 March 1967 and

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 his spouse to his 
DD Form 214.  



      _______ _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)                                         AR20130015802





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ABCMR Record of Proceedings (cont)                                         AR20130015802



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