RECORD OF PROCEEDINGS


IN THE CASE OF
                                   

BOARD DATE: December 2, 2003
DOCKET NUMBER: AR2003089967

I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Patrick H. McGann		Member

The applicant and counsel if any, did not appear before the Board.

The Board considered the following evidence:

Exhibit A - Application for correction of military records.

Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his records be corrected to include all awards to which he is entitled.

2. The applicant states, in effect, that he believes he is entitled to the Air Medal (AM), Army Commendation Medal (ARCOM); Bronze Star Medal (BSM), Flight Wings (FW), and a Unit Commendation (UC). He claims his personnel file should show he had over 200 hours of flight time as a gunner with the 176th Assault Helicopter Company, which should entitle him to FW and the AM. He also states that he should be awarded a UC for the time he served with the
44th Engineer Battalion in the Republic of Korea (ROK). Further, he states that he was told he was put in for the ARCOM and BSM, but he admits he does not know if this was ever done.

3. The applicant provides a copy of his separation document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of errors in his record that occurred during the time he served on active duty, which ended on 1 September 1969. The application submitted in this case is dated 4 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he was trained in, awarded, and served in military occupational specialty (MOS)
64C (Light Vehicle Driver). Item 33 (Appointments and Reductions) shows that he was reduced from private first class (PFC) to private/E-2 (PV2) for misconduct on 14 October 1968 and that he attained the rank of specialist four (SP4), the highest rank he served in, on 22 April 1969.

4. The applicant’s DA Form 20 confirms that he served overseas in the ROK from 13 March through 31 October 1968, and in the Republic of Vietnam (RVN) from 9 December 1968 through 9 September 1969.
5. Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that while serving in Korea, he was assigned to Company C, 44th Engineer Battalion, from 20 March through 1 August 1968; and Company A, 1st Battalion,
31st Infantry Regiment, from 2 August through 30 October 1968. It also shows that during his tour in the RVN, he was assigned to the 63rd Transportation Company from 16 December 1968 through 8 June 1969, and the 176th Aviation Company from 17 June through 28 August 1969.

6. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his tenure on active duty, he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and 1 Overseas Bar. The applicant’s Military Personnel Records Jacket (MPRJ) contains no award orders or other documents that indicate he was ever recommended for or received any individual awards for meritorious service or achievement while serving on active duty. Further, the MPRJ contains no documents accounting for any flight time performed by the applicant.

7. On 1 September 1969, the applicant was honorably released from active duty after completing 1 year, 11 months, and 7 days of creditable active duty service and having accrued 12 days of time lost. The DD Form 214 issued to the applicant on the date of his separation shows that he earned the following awards during his tenure on active duty: NDSM; VSM; and 1 Overseas Bar.

8. An Authorization for Issuance of Awards, dated 1 December 1987, issued by the Army Reserve Personnel Center, St. Louis, Missouri, shows that the applicant was issued the following awards to which he was entitled based on his service that had not been previously listed on his DD Form 214: United Nations Service Medal (UNSM); Republic of Vietnam Campaign Medal (RVNCM) with
60 Device; Republic of Vietnam Gallantry Cross with Palm (RVNGC) Unit Citation; Expert Marksmanship Qualification Badge with Rifle Bar; and 3 bronze service stars for his VSM. There were other awards issued via this document that are not supported by information on file in the applicant’s record which include the Good Conduct Medal and Combat Infantryman Badge. This document also confirmed the applicant’s entitlement to the RVN Gallantry Cross with Palm (RVNGC) Unit Citation based on his RVN service.

9. Army Regulation 600-8-22 contains the Army’s awards policy. It states, in effect, that recommendations for awards must be made and must be administratively entered into military channels within 2 years of the act, achievement, or service to be honored. It further specifies that no individual is automatically entitled to an award and that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

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10. Paragraph 2-12 of the awards regulation contains guidance on award of the AFEM. It states, in pertinent part, that members who served in the ROK for
at least 30 consecutive days during the period 1 October 1966 and 30 June
1974 are entitled to this award.

11. Paragraph 2-13 of the same regulation contains guidance on the VSM. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

12. Table B-1 of Army Regulation 600-8-22 contains a list of RVN campaigns. It shows that during the applicant’s tenure of assignment in the RVN, campaign credit was authorized for the following three campaigns: Vietnam Counteroffensive Phase VI; TET Counteroffensive 1969; and Vietnam
Summer-Fall 1969.

13. Paragraph 9-19 of the awards regulation contains guidance on award of the RVNCM. It states, in pertinent part, that an individual who completed six months of service in the RVN during the period 1 March 1961 to 28 March 1973 is entitled to receive this award.

14. Department of the Army General Order Number 8, dated in 1974, authorized the award of the RVNGC with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1. By regulation, recommendations for awards must be made and must be administratively entered into military channels within 2 years of the act, achievement, or service to be honored. The applicant’s record and the independent evidence he has submitted provides no evidence showing that he was ever recommended for or awarded the BSM, ARCOM, AM, FW, or a UC,

2. The evidence confirms that the applicant should have discovered the errors related to the awards outlined in the preceding paragraph when he was issued his DD Form 214 on 1 September 1969, therefore, the time for him to file a request for correction of any error or injustice related to these awards expired on 1 September 1972. However, he failed to file his application within the 3-year statute of limitations and he provides no compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

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3. The evidence does show that the applicant is entitled to the following awards that were omitted from his record due to administrative error: AFEM, for his qualifying service in the ROK; RVNCM with 60 Device and RVNGC with Palm Unit Citation, for his qualifying service in the RVN; and 3 bronze service stars with his VSM, for his campaign participation in the RVN.

4. The necessary administrative correction of his records to add the awards listed in the preceding paragraph will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:
________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

_PM___ ___MM__ __FE ___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented and the merits of this case are insufficient to warrant awarding the applicant the Bronze Star Medal, Army Commendation Medal, Air Medal, Flight Wings, or Unit Commendation he requested, and therefore, it would not be in the interest of justice to excuse the applicant’s failure to timely file this application within the 3-year statute of limitations prescribed by law in regard to these specific issues.

2. However, the Board did determine that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual concerned by showing that he is entitled to the Armed Forces Expeditionary Medal, Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars with his Vietnam Service Medal; and by issuing him a corrected separation document that includes these awards.




                  Fred N. Eichorn
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089967
SUFFIX
RECON
DATE BOARDED	2003/11/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/09/01
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. Awds	107.0000
2.
3.
4.
5.
6.