RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070010315 


	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 J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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 records to show award of the Meritorious Unit Citation 2nd Oak Leaf Cluster (correctly known as the Meritorious Unit Commendation (MUC)), the Army Good Conduct Medal, the Sharpshooter Bayonet and Grenade (correctly known as Sharpshooter Marksmanship Qualification Badges with bayonet and grenade bars), the “Republic of Vietnam Service Commemorative”, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the “American Defense Commemorative”, the Army Commendation Medal, and the Overseas Service Medal (correctly known as the Overseas Service Ribbon).

2.  The applicant makes no additional statement. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 11 March 1973.

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 Army Commendation Medal.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Commendation Medal under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence of the procedures for applying for the decoration under section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army on 18 March 1971 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 62B (Engineer Equipment Maintenance).
4.  The applicant arrived in Okinawa and was assigned to the U.S. Army Maintenance Operations Directorate on or about 26 October 1971.  

5.  On 4 January 1972, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for going downtown during condition green.  His punishment was a forfeiture of $50.00 for one month.

6.  On 29 June 1972, the applicant accepted NJP under Article 15, UCMJ for driving 40 miles per hour in a 20 miles per hour zone.  His punishment was a forfeiture of $25.00 for one month.

7.  The applicant departed Okinawa on or about 10 March 1973.  On 11 March 1973, he was honorably released from active duty in the rank of Specialist Four/E-4 after completing 1 year, 11 months, and 24 days of creditable active service with no time lost.

8.  The applicant's DD Form 214 for the period ending 18 March 1973 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.  There is no evidence to show his commander disqualified him from award of the Army Good Conduct Medal.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Sharpshooter Marksmanship Qualification Badge (Bayonet) or the Sharpshooter Marksmanship Qualification Badge (Grenade).

10.  Headquarters, Department of the Army General Orders Number 40, dated 27 October 1972, shows that, at the time of the applicant’s assignment to the U.S. Army Maintenance Operations Directorate, it was cited for award of the MUC 2nd Oak Leaf Cluster for the period 1 July 1970 through 31 December 1971. 

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This 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 of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace thereof, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Have served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months.  Such individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal.

14.  Army Regulation 600-8-22 lists awards for Active Army, the Army National Guard, and the U.S. Army Reserve.  The "Republic of Vietnam Service Commemorative" and the "American Defense Commemorative" are not listed as Army awards.

15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

16.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that 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 for successful completion of overseas tours.  The award 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 and the overseas service is not recognized with another U.S. service medal.  

17.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states that a Soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to   and present for duty with the unit during the entire period or for at least 
30 consecutive days of the period cited.  A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to a unit during a period of time the unit was awarded the MUC 2nd Oak Leaf Cluster.  However, evidence of record shows he was not assigned to the unit when it received the previous two awards of the MUC.  Therefore, he is eligible to wear one MUC.  This award should be added to his DD Form 214.

2.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal 1st Award for the period 18 March 1971 through 11 March 1973.  Although he received two Article 15s they were both for minor offenses.  His service records show he received conduct and efficiency ratings of "excellent" even from the unit that imposed his Article 15s.  He was released from active duty in the rank of Specialist Four with 1 year, 11 months, and 24 days of creditable active service with no time lost.

3.  The "Republic of Vietnam Service Commemorative" and the "American Defense Commemorative" are not listed in Army Regulation 600-8-22 as authorized awards.

4.  Evidence of record shows that the applicant was honorably released from active duty on 11 March 1973.  Army Regulation 600-8-22 specifically states that the Overseas Service 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.  The applicant was not on active duty during the effective date of the above regulation, which makes him ineligible for award of the Overseas Service Ribbon.

5.  Evidence of record shows that applicant did not meet the eligibility criteria for award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal as he did not serve in a qualifying country.

6.  There are no orders or other evidence in the applicant's records that show he was awarded the Sharpshooter Marksmanship Qualification Badge (Bayonet) or the Sharpshooter Marksmanship Qualification Badge (Grenade).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___SLP _  __PMS __  __LCB__  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 the applicant the Army Good Conduct Medal (1st Award) for the period 18 March 1971 through 11 March 1973; and
	
	b.  amending his DD Form 214 for the period ending 11 March 1973 to add the Army Good Conduct Medal (1st Award) and the Meritorious Unit Commendation.  

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 awarding him the "Republic of Vietnam Service Commemorative", "the American Defense Commemorative", the Overseas Service Ribbon, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge (Bayonet), or the Sharpshooter Marksmanship Qualification Badge (Grenade).



     ___Shirley L. Powell      _
          CHAIRPERSON




INDEX

CASE ID
AR20070010315
SUFFIX

RECON

DATE BOARDED
29 JANUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0056.0000
2.
107.0034.0000
3.
107.0110.0000
4.
107.0088.0000
5.
107.0073.0000
6.