RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070008778 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Lester Echols

Member

Mr. Jeffrey C. Redmann

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Air Medal and the Combat Infantryman Badge.

2.  The applicant states that he was issued these awards on 4 November 1971 but they were not put on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a disposition form indicating that he was issued awards that included the Air Medal and Combat Infantryman Badge.

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.  On 12 June 1970, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B2O (Light Weapons Infantryman).

3.  Special Orders Number 268, United States Army Training Center, Infantry, and Fort Polk, Fort Polk, Louisiana, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars; the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and the Marksman Marksmanship Qualification Badge with Grenade Bar.

4.  On 10 November 1970, the applicant was assigned for duty as a rifleman with the 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade, in the Republic of Vietnam.

5.  Special Orders Number 48, 23rd Infantry Division, dated 17 February 1971, awarded the applicant the Combat Infantryman Badge.

6.  On 9 November 1971, the applicant was returned to the United States.

7.  On 21 December 1971, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E5 and had completed 1 year,
6 months, and 10 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).  It does not show award of the Air Medal, Combat Infantryman Badge, or any marksmanship qualification badges.  

9.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval (ADCAR) System showing that he was awarded an Air Medal. 

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

12.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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. 


13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase VII and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  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 publication shows that the 1st Battalion, 46th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The disposition form provided by the applicant, that indicates he was issued an Air Medal, is not sufficient evidence by itself to substantiate his entitlement to this award.  There is no available evidence of record showing he was awarded the Air Medal.  Should the applicant have, or be able to obtain, a copy of the orders awarding him the Air Medal, he may submit another application for reconsideration by the Board.  Therefore, his request for this award should be denied.

2.  Special Orders show that the applicant was awarded the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Bar with Grenade Bar.  Therefore, his records should be corrected to show these awards.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ JEA __  __LE____  __JCR _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period from 
12 June 1970 to 21 December 1971;

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, a second bronze service star to be affixed to his already-awarded Vietnam Service Medal with one bronze service star, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Bar with Grenade Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Air Medal.  




___ James E._Anderholm __
          CHAIRPERSON



INDEX

CASE ID
AR20070008778
SUFFIX

RECON

DATE BOARDED
20071101
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.