IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160018875 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160018875 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests award of the: * Army Good Conduct Medal * Overseas Service Ribbon * American Defense Medal * Cold War Commemorative Medal * Honorable Discharge Medal (Army Lapel Button) * Southeast Asia Service Medal (Vietnam Service Medal) * any additional awards he may be authorized * any unit awards designated for the 167th Signal Company, 39th Signal Battalion, Thailand 2. The applicant states he served in Thailand from 1962 to 1963 and he never received the requested awards. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * Special Orders Number 116, dated 7 June 1962 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 5 July 1963 * Request for Congressional Inquiry and Privacy Release, dated 30 November 2016 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * Enlistment documents * DA Form 24 (Service Record), for the period 6 July 1960 through 5 July 1963 * DA Form 20 (Enlisted Qualification Record) REFERENCES: 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. 2. Army Regulation (AR) 672-5-1 (Decorations and 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. 3. AR 600-8-22 (Military Awards) states: a. The Overseas Service Ribbon is awarded for successful completion of overseas tours. The ribbon 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. b. The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. c. 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. d. 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. e. The Army Lapel Button is a gratuitous issue and the eligibility requirements include transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate). f. 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Additional unit awards are included for meritorious achievement in the continental United States and other foreign countries. The 167th Signal Battalion is not cited for any additional awards. 5. The applicant has requested award of the Cold War Recognition Certificate. The Cold War Recognition Certificate is not governed by the provisions of AR 600-8-22 and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. DISCUSSION: 1. While 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 6 July 1960. On or about 2 July 1962, he departed the United State enroute to the U. S. Army Pacific Command. 3. He arrived in Thailand on or about 18 July 1962 and he was assigned to the 167th Signal Company (Radio Relay VHF) as a Radio Relay Team Chief. He departed Thailand on or about 12 May 1963. 4. He received "excellent" conduct and efficiency ratings throughout his service. His record is void of any disciplinary actions, derogatory information, court-martials convictions, or commander's disqualification statement that would preclude the award of the Army Good Conduct Medal. 5. He was honorably released from active duty on 5 July 1963 in the rank of sergeant (SGT/E-5). He completed 3 years of net service of which 10 months and 25 days was foreign service. 6. His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars. 7. He received all excellent conduct and efficiency ratings, there is no record of court-martial, and his record does not contain a commander's statement disqualifying him from award of the Army Good Conduct Medal. There is no bar to awarding him the Army Good Conduct Medal (1st Award) for his service from 6 July 1960 through 5 July 1963. 8. His served during a period authorized award of the National Defense Service Medal. This award is not listed on his DD Form 214. 9. He does not meet the criteria for award of the Army Service Ribbon because he did not serve after 1 August 1981. 10. His service meets the criteria for award of the Army Lapel Button. 11. The applicant did not complete service under order of active duty between 8 September 1939 and 7 December 1941; therefore, his service does not meet the criteria for award of the American Defense Service Medal. 12. The applicant served in Thailand as a Radio Relay Team Chief. There is no evidence that he served in direct support of operations in Vietnam. He is not eligible for award of the Vietnam Service Medal. 13. Retroactive award of the Overseas Service Ribbon requires the individual have an active duty an active Army status on or after 1 August 1981. The applicant does not meet the criteria for this award. 14. The 167th Signal Company, 39th Signal Battalion, Thailand, was not cited for any unit awards during the period the applicant was assigned to this organization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018875 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2