BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140007187 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Vietnam Service Medal with two bronze service stars
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device 1960
* National Defense Service Medal

2.  The applicant states he served in Vietnam during the Vietnam War.  He is attaching a DD Form 1577 (Authorization for Issuance of Awards) showing the awards that were not added to his DD Form 214 at the time of his discharge.  He should have also received the National Defense Service Medal for his service during a period of war.  He recently discovered that his DD Form 214 did not include the awards indicated on the attached DD Form 1577.  He did not know how to request a correction of his DD Form 214 until he recently met with a Veterans Service Officer.

3.  The applicant provides copies of his DD Form 214 and a DD Form 1577.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's complete military records are not available to the Board for review.  However, there was sufficient documentation contained in a reconstructed record and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military records show he was inducted into the Army of the United States on 6 March 1964.  He was awarded military occupational specialty 76E (quartermaster supply specialist).

4.  He was honorably released from active duty in pay grade E-3 on 20 February 1966, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 11 months, and 15 days of net active service.  His DD Form 214 lists in:

* Item 12 (Last Duty Assignment and Major Command) – 19th Quartermaster Company (DS), APO San Francisco, U.S. Army Vietnam (USARVN)
* Item 24c (Foreign and/or Sea Service) - 8 months and 24 days, U.S. Army Pacific
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Vietnam Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  His available record contains and he provided a copy of a DD Form 1577, issued by the Reserve Components, Personnel and Administrative Center, on 30 June 1980, wherein he was advised of the authorization and issuance of the following awards:

* Vietnam Service Medal with two bronze service stars
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant. 

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated item 24c would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e., "USARPAC" for service in Vietnam.

8.  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 service entirely during the period 7 December 1941 through 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-marital.

9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 

   b.  The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

   c.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  With regard to the Vietnam Service Medal with two bronze service stars and Republic of Vietnam Campaign Medal with Device 1960:
   a.  There is no documentary or other evidence in his service personnel record and he provided none to establish his exact dates of service in Vietnam during his period of active duty between March 1964 to February 1966.

   b.  If he has copies of temporary duty orders, travel orders, or any documentation showing his dates of service in Vietnam, he may reapply to this Board.

   c.  Therefore, there is insufficient evidence to support this portion of his request.

3.  With regard to the Army Good Conduct Medal:

   a.  In order to be awarded the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and there must have been no convictions by a court-marital.

   b.  There are no available efficiency ratings or evidence showing he met the criteria for this award.  Therefore, there is insufficient evidence to support award of the Army Good Conduct Medal and its addition to his DD Form 214.

4.  It is noted the DA Form 1577 is not a source document for approval/
authorization for awards.

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 adding to his DD Form 214 the National Defense Service Medal.

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:

* awarding him the Army Good Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20140007187





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ABCMR Record of Proceedings (cont)                                         AR20140007187



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