RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 July 2007
	DOCKET NUMBER:  AR20070003436 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Robert J. Osborn, II

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army Good Conduct Medal, the Presidential Unit Citation, the Meritorious Unit Citation, and the M-14 Marksmanship Qualification Badge.

2.  The applicant states that he did not know that these awards should have been on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a self-authored letter in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 16 July 1971, the date of his temporary disability retirement from the Army.  The application submitted in this case is dated 23 February 2007.

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 limitations 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 records show that he entered active duty on 26 February1969. He completed basic combat training and advanced individual training, and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).

4.  Item 38 (Record of Assignment) of the DA Form 20 (Enlisted Qualification Record) shows he served with Company D, 1st Battalion (Airborne), 503rd Infantry, 173rd Infantry Airborne Brigade, in the Republic of Vietnam, during the period 23 March 1970 to 25 May 1970.  He was honorably released from active duty on 16 July 1971 after serving 2 years and 3 months of active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Army Good Conduct Medal, the Presidential Unit Citation, the Meritorious Unit Citation, or the M-14 Marksmanship Qualification Badge.

6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of this form shows that the applicant received ratings of "Unknown" on 14 January 1971 due to being absent without leave (AWOL). 

7.  The applicant's service records reveal a disciplinary history of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 28 October 1970, for being absent without leave (AWOL) during the period 13 October 1970 to 26 October 1970.

8.  Headquarters, Walter Reed Army Medical Center Special Order 251, dated 5 November 1970, forfeited the applicant's pay for $75 per month for two months due to misconduct.

9.  Item 50 (Synopsis of Specifications, Including date of Offense) of the applicant's DA Form 20B (Insert Sheet to DA Form 20, Record of Court-Martial Conviction) shows that the applicant was charged for AWOL during the period on or about 9 February 1971 to on or about 15 March 1971 and sentenced to forfeiture of pay and reduction in grade.

10.  Headquarters, Walter Reed Army Medical Center Special Order 66, dated 19 April 1971, shows the applicant was arraigned and tried before a special court-martial which assembled on Fort Bragg, North Carolina.  Charges were preferred against applicant for being AWOL from on or about 9 February 1971 to on or about 15 March 1971.  The court-martial found the applicant guilty and sentenced him to reduction in grade and forfeiture of pay. 

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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 Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document does not show the unit to which the 
applicant was assigned, Company B, 1st Battalion (Airborne), 503rd Infantry, was cited for an award of the Presidential Unit Citation or the Meritorious Unit Citation during the period of the applicant's service in the Republic of Vietnam. 

13.  There is no evidence in the applicant's records that he qualified with or was awarded the M-14 Marksmanship Qualification Badge. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Good Conduct Medal, the Presidential Unit Citation, the Meritorious Unit Citation, and the M-14 Marksmanship Qualification badge was carefully considered and determined to have no merit.

2.  The applicant's records show he was awarded the Purple Heart and the Combat Infantryman's Badge and that his conduct and efficiency ratings were all "Excellent" during the period 10 March 1969 through 11 June 1970.  After receiving wounds for which he was awarded the Purple Heart, the applicant went AWOL on multiple occasions for a total of 55 days.  Unfortunately, this indiscipline precludes award of the Good Conduct Medal in this case.  

3.  Evidence shows that the applicant served with Company D, 1st Battalion (Airborne), 503rd Infantry, 173rd Infantry Airborne Brigade, in the Republic of Vietnam, during the period 23 March 1970 to 25 May 1970.  There is no evidence that this unit was awarded the Presidential Unit Citation or the Meritorious Unit Citation during this period.  Therefore, he is not entitled to correction of his records to show award of either the Presidential Unit Citation or the Meritorious Unit Citation.

4.  There is no evidence in the records and the applicant did not provide any evidence to show that he qualified with the M-14 or was awarded an M-14 Marksmanship Qualification Badge.  Therefore, he is not entitled to correction of his records to show award of the M-14 Marksmanship Qualification Badge.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 July 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 15 July 1974.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_MJA___  _RJO___  _JTM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would 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.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




__John T. Meixell_________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.