RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070011850 


	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. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Mr. Eric N. Anderson

Member

Mr. David K. Haasenritter

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 that his records, to include his Report of Transfer or Discharge (DD Form 214), be corrected to show that he was awarded the Air Medal, the Army Commendation Medal, the Army Good Conduct Medal and all other authorized medals, citations and ribbons to which he is entitled.  He also requests that he be furnished copies of all of his decorations.

2.  The applicant states that he believes that an error was made which resulted in the omission of his decorations from his DD Form 214.

3.  The applicant provides in support of his application a copy of his DD Form 214; a copy of an Authorization for Issuance of Awards (DA Form 1577); a copy of a letter from the National Personnel Record Center, addressed to the Arizona Department of Veterans Service, dated 14 May 2007; a copy of Letter Orders Number 09-1296261, dated 25 September 1974, discharging him from the United States Army Reserve (USAR); a copy of his Record of Induction; a copy of his Enlisted Qualification Record (DA Form 20); and a copy of General Orders Number 2828, dated 28 April 1970, awarding him the Air Medal.

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 16 October 1968, the applicant was inducted into the Army in Salt Lake City, Utah.  He successfully completed his training as a helicopter repairman.  He was timely promoted through the ranks, and as a result, he was promoted to the rank and pay grade of specialist five (E-5) on 23 January 1970.




3.  On 4 April 1969, Special Orders Number 66 were published awarding the applicant the Expert Marksmanship Qualification Badge.

4.  The applicant's DA Form 20 also shows that while in the Army, he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960 and two Overseas Service Bars.

5.  On 28 April 1970, General Orders Number 2828 were published awarding the applicant the Air Medal, for meritorious achievement while participating in aerial flight, while in Vietnam, serving in the rank of specialist five.

6.  General Orders Number 2983 were published, on 1 May 1970, awarding the applicant the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force, while in Vietnam, serving in the rank of specialist five.

7.  On 14 May 1970, General Orders Number 3665 were published awarding the applicant the Army Commendation Medal (First Oak Leaf Cluster), for meritorious achievement in connection with military operations against a hostile force, while in Vietnam, serving in the rank of specialist five.

8.  Nonjudicial punishment (NJP) was imposed against the applicant on 23 October 1970, for failure to obey a lawful order given to him by a commissioned officer.  His punishment consisted of a reduction to the pay grade of E-4.

9.  On 23 October 1970, the applicant was honorably released from active duty (REFRAD) and transferred to the USAR Control Group (Annual Training), at the expiration of his term of service.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, w/Device 1960, and one Overseas Service Bar.

10.  On 14 November 1988, the applicant submitted a Request Pertaining to Military Records requesting that he be issued all of the medals and badges listed on his DD Form 214.  On 1 March 1989, the Army Reserve Personnel Center notified the applicant that he was entitled to the Air Medal; the Army Commendation Medal (First Oak Leaf Cluster); the Army Good Conduct Medal; the National Defense Service Medal; the Vietnam Service Medal, w/three Bronze Service Stars; the Republic of Vietnam Campaign Medal, w/Device 1960; the Marksman Marksmanship Qualification Badge, w/Rifle Bar, and the Expert Marksmanship Qualification Badge, w/Automatic Rifle Bar.  He was also informed that he was entitled to the Republic of Vietnam Gallantry Cross, w/Palm Unit Citation, and that this foreign award is not issued by the Department of the Army, but could be purchased from a civilian dealer in military insignia; and that the Republic of Vietnam Campaign Medal was not issued by the Department of the Army, but the Army did provide the pertinent ribbon.  All other stated awards were forwarded to the applicant by the United States Army Support Center, Philadelphia, Pennsylvania.  However, the Air Medal; the Army Commendation Medal (First Oak Leaf Cluster); the Army Good Conduct Medal; the Republic of Vietnam Gallantry Cross, w/Palm Unit Citation; the three Bronze Service Stars, for wear on his Vietnam Service Medal, and the Expert Marksmanship Qualification Badge, w/Automatic Rifle Bar, were never included on his DD Form 214.

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.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the following campaigns: the Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969; the Vietnam 
Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970 campaign, which extended from 1 November 1969 through 30 April 1970 during his tour of duty in the Republic of Vietnam.  This same regulation states that a Bronze Service Star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

14.  Army Regulation 600-8-22 (Military Awards), 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.  The qualification should be shown as: Expert Marksmanship Qualification Badge, with Rifle Bar; Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar; or Sharpshooter Marksmanship Qualification Badge, with Pistol Bar.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross, with Palm Unit Citation, based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had NJP imposed against him on 23 October 1970 (the date of his REFRAD), for failure to obey a lawful order, which resulted in his being reduced in rank from the pay grade of E-5 to the pay grade of E-4.  Contrary to the information annotated on the DA Form 1577, dated 1 March 1989, the applicant is not entitled to the Army Good Conduct Medal as his conduct prior to his discharge was not excellent.  Therefore, this decoration should not be included on his DD Form 214.

2.  The applicant's DD Form 214 appropriately reflects that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, and the Vietnam Service Medal.  However, three Bronze Service Stars should also have been included on his DD Form 214 to reflect the three campaigns in which he participated while he was in Vietnam as indicated on the DA Form 1577.

3.  Although the applicant's DD Form 214 currently reflects that he was awarded one Overseas Service Bar, in accordance with the applicable regulation, an additional Overseas Service Bar should have been included on his DD Form 214 to reflect the time he served overseas.

4.  General Orders Number 2828 and General Order Number 3665 awarded the applicant the Air Medal and the Army Commendation Medal (First Oak Leaf Cluster) while he was in the Army and both decorations should be included on his DD Form 214.

5.  Special Orders Number 66 were published awarding the applicant the Expert Qualification Badge, on 4 April 1969.  He is entitled to have this award included on his DD Form 214.

6.  The applicant is also entitled to have the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, included on his DD Form 214, based on Department of the Army General Orders Number 8, dated 1974, which awarded this unit award to all Soldiers who served in Vietnam.

7.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JI        _  __ENA__  __DKH__  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 amending his DD Form 214 to show that he was awarded the Air Medal; the Army Commendation Medal (First Oak Leaf Cluster); the Republic of Vietnam Gallantry Cross, w/Palm Unit Citation; two Overseas Service Bars; the Expert Marksmanship Qualification Badge, w/Rifle Bar; and three Bronze Service Stars, for wear on his Vietnam Service Medal, and furnishing him with copies of the available decorations.




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 amending his DD Form 214 to add the Army Good Conduct Medal.  




____John Infante    _____
          CHAIRPERSON




INDEX

CASE ID
AR20070011850
SUFFIX

RECON

DATE BOARDED
20080131
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/ADD APPROVED AWARDS
2.

3.

4.

5.

6.