BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017041 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017041 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: a. awarding the applicant the Army Good Conduct Medal for his period of service from 20 August 1974 through 19 August 1977 and b. adding to his 1977 DD Form 214 the Army Good Conduct 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. BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017041 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 (Report of Separation) to show the Army Good Conduct Medal and any other awards and decorations to which he may be entitled. 2. The applicant states he lost his Army medals and ribbons. He contacted the National Personnel Records Center (NPRC) to get them replaced. In turn, the NPRC referred him to the Army Review Boards Agency (ARBA) to correct his DD Form 214. The only award shown on his separation document is an Expert Marksmanship Qualification Badge with Rifle Bar. He served a tour overseas in Thailand in 1975-76 at the end of the Vietnam War era and believes he is entitled to awards or service ribbons for this foreign service. 3. The applicant provides a copy of his DD Form 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 enlisted in the Regular Army on 20 August 1974, completed training, and was awarded the military occupational specialty 05K (Electronic Warfare/Signal Intelligence Non-Morse Interceptor). 3. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows: * advancement to specialist four (SP4) * service in Thailand from 23 June 1975 through 4 April 1976 with Company A, 7th Radio Research Field Station, Thailand * award of the Expert Marksmanship Qualification Badge with Rifle Bar 4. The applicant was honorably released from active duty on 19 August 1977 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows: * release from active duty in pay grade E-4 * 3 years of creditable service with no lost time * 9 months and 12 days of foreign service * award of the Expert Marksmanship Qualification Badge with Rifle Bar 5. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered ineligible for award of the Army Good Conduct Medal. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, a disqualification was normally noted on the DA Form 20 (Enlisted Qualification Record) or DA Form 2-1. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, between 2 August 1990 and 30 November 1995, and from 11 September 2001 to a date to be determined. c. 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. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. Direct support is defined as services being supplied to participating forces in the area of eligibility and includes: * units, ships, and aircraft providing it involves actually entering the designated area * ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility d. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. e. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. f. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. DISCUSSION: 1. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his advancement to SPC/pay grade E-4. The record contains no indication of any disqualifying incidents or recommendations and he honorably served 3 years. It appears he meets the criteria for award of the Army Good Conduct Medal for his period of service from 20 August 1974 through 19 August 1977. 2. A review of the regulation governing Army awards shows the applicant did not meet the criteria for various service ribbons based on his date of entry into the service and dates of service in Thailand. Most Vietnam era service award end dates were 28 March 1973. As the applicant enlisted in 1974, he does not meet the eligibility criteria for any of these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017041 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017041 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2