BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140011212 


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 reflect award of the National Defense Service Medal.

2.  The applicant states he earned the National Defense Service Medal, but it is not listed on his DD Form 214

3.  The applicant provides:

* DD Form 214
* Army Review Boards Agency correspondence, dated 4 June 2014

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 was inducted into the Army of the United States on 18 February 1964.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 13 October 1965 through on or about 28 January 1966 where he was assigned to Companies B and C, 69th Signal Battalion, as a radio teletype operator.  During his service in Vietnam he participated in two campaigns.

4.  He was released from active duty as an overseas returnee on 2 February 1966.  He completed 1 year, 11 months, and 15 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

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

5.  There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.

6.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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 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.

7.  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 is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 69th Signal Battalion was awarded the:

* Meritorious Unit Commendation for the period November 1965 through October 1966 by Department of the Army General Orders (DAGO) Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 by DAGO Number 8, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 18 February 1964 through 2 February 1966.  There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his DD Form 214 to show this award.

2.  His honorable active service dates fall between the dates 1 January 1961 and 14 August 1974, a period for which award of the National Defense Service Medal is authorized.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  He was awarded the Vietnam Service Medal and participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his Vietnam Service Medal.

4.  General orders awarded the unit to which the applicant was assigned in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

__X_____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 18 February 1964 through 2 February 1966
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two bronze service stars with his Vietnam 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)                                         AR20140011212



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ABCMR Record of Proceedings (cont)                                         AR20140011212



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