RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070008696 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. William Blakely

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, in effect, that he be awarded the Air Medal.  

2.  The applicant states, in effect, that he was involved in multiple combat air assaults and members of his unit were awarded the Air Medal while he was there with them on the same air assaults.   

3.  The applicant provides no additional documentation in support of his request. 

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 requested correction of his records to show award of the Air Medal.  Section 1130, Title 10, United States Code, provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The applicant has been notified by separate correspondence of the procedure for applying for award of the Air Medal under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.



3.  The applicant's records show he was inducted into the Army of the United States on 6 November 1968.  He successfully completed basic combat training and advanced individual training at Fort Bliss, Texas.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 11C, Infantry Indirect Fire Crewman.  

4.  The applicant served in Vietnam from 5 May 1969 to 10 April 1970.  He was promoted to pay grade E-4 on 9 December 1969.  He served until he was honorably released from active duty on 5 November 1970.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged on 1 November 1974.

5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal with two bronze service stars; the Republic of Vietnam Campaign Medal with 60 Device; the Purple Heart; the Combat Infantryman Badge; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.   His DD Form 214 does not show any additional awards.

6.  The applicant’s records contain a copy of a DD Form 215 (Correction to DD Form 214), dated 23 February 2002, which shows that he was awarded the Bronze Star Medal. 

7.  Item 41, of the applicant’s DA Form 20, shows he was awarded two Overseas Service Bars, the Expert Marksmanship Qualification Badge with Mortar Bar (81 MM), the Sharpshooters Marksmanship Qualification Badge with Rifle Bar
(M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-16).  These awards are not shown on his DD Form 214.

8.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 provides that the 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 Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal with two bronze service stars; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 shows that the applicant was credited with campaign participation for the Tet 69 Counteroffensive 1969, Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970 campaigns during his tenure in the Republic of Vietnam.  This regulation also provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by Department of the Army General Orders (DAGO) Number 42, dated 1972, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:
1.  The evidence shows that the applicant was awarded two Overseas Service Bars, the Expert Marksmanship Qualification Badge with Mortar Bar (81 MM), the Sharpshooters Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  These awards were omitted from his DD Form 214.  Therefore, he is entitled to correction of his records to show these awards.

2.  The applicant is entitled to the first award of the Good Conduct Medal, for the period 6 November 1968 to 5 November 1970, based on completion of a period of qualifying military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, with two bronze service stars.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal, with two bronze service stars.

4.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.




BOARD VOTE:

_HOF___  __WB___  __MJF___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  by adding the already-award two Overseas Service Bars, the Expert Marksmanship Qualification Badge with Mortar Bar (81 MM), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16);
	
b.  by awarding the individual the Good Conduct Medal, for the period 6 November 1968 to 5 November 1970; and

	c.  by awarding the individual the Vietnam Service Medal, with three bronze service stars; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these awards to his DD Form 214.




	______Hubert O. Fry_______
          		CHAIRPERSON




INDEX

CASE ID
AR20070008696
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071023
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19701105
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY/GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.