BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140002231 


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

2.  The applicant states he served 11 months and 29 days with the 207th Signal Company in Don Mueang, Thailand.  In this capacity, their mission was to set up and maintain communication sites for the Vietnam air support from Thailand.  He further states it is important to him and his family that his records are corrected to reflect the medal he earned.

3.  The applicant provides:

* DA Form 137 (Installation Clearance Record)
* DD Form 214
* letter of appreciation

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 19 November 1964.  The evidence shows he served 1 year and 1 day of foreign and/or sea service in Thailand with the 207th Signal Company.

3.  Special Orders Number 121 issued by Troop Command, U.S. Army Signal Center and School, dated 2 December 1965, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 17 November 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.

6.  His records are void of evidence and he did not provide any evidence which indicates he ever served in the Republic of Vietnam.

7.  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 the 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.

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

	a.  The Vietnam Service Medal was established on 8 July 1965.  It is awarded to all members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over after 3 July 1965 through 28 March 1973.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  Direct support occurs when services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft, involve actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.

	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.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  The available evidence shows the applicant received "excellent" conduct and efficiency ratings in all of his active duty assignments and his records are void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 19 November 1964 through 17 November 1967 and to correct his DD Form 214 to show this award.

3.  Award of Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) is reserved for those Soldiers who served in Vietnam.  However, Soldiers who were stationed in selected locations outside Vietnam and provided direct support to the war effort in Vietnam are also eligible for those medals.

4.  Members in Thailand who served in direct support of operations in Vietnam are also eligible for these awards.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

5.  Regrettably, there is insufficient evidence showing the applicant provided direct support or entered the Republic of Vietnam.  As a result, there is insufficient evidence to support awarding him the Vietnam Service Medal or 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 the evidence presented is 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 19 November 1964 through 17 November 1967 and

	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined 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 award of the Vietnam Service Medal and 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)                                         AR20140002231



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ABCMR Record of Proceedings (cont)                                         AR20140002231



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