RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 February 2008
	DOCKET NUMBER:  AR20070013091 


	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. Patrick H. McGann, Jr.

Chairperson

Ms. Eloise C. Prendergast

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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Air Medal, Armed Forces Reserve Medal or the Army National Guard Medal.

2.  The applicant states that he enlisted in the National Guard and served with the 29th Infantry Brigade in Hawaii.  He was then assigned with the 9th Infantry Division in the Republic of Vietnam. 

3.  The applicant provides no supporting documentation.

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

3.  On 11 March 1968, the applicant enlisted in the Hawaii Army National Guard for 6 years.  He was called to active duty on 13 May 1968 for 15 months.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).  

4.  Special Orders Number 125, United Stated Army Training Center, Infantry, Fort Ord, California, dated 3 July 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Special Orders Number 186, United Stated Army Training Center, Infantry, Fort Ord, California, dated 10 September 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.
 
6.  On 2 May 1969, the applicant was assigned duty as a light weapons infantryman with Company A, 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam.

7.  General Orders Number 8786, 9th Infantry Division, dated 6 July 1969, awarded the applicant the Army Commendation medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 6 and 7 June 1969, while serving as a rifleman on a reconnaissance operation.

8.  On 16 July 1969, the applicant was reassigned duty as a light weapons Infantryman with Company B, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam.

9.  On 6 September 1969, the applicant was returned to Hawaii.  He was subsequently released from active duty on 11 September 1969 and transferred to the Hawaii Army National Guard.  He had attained specialist four, pay grade E-4; and had completed 1 year, 3 months, and 29 days of creditable active duty service.

10.  On 10 February 1970, the applicant was discharged from the Hawaii Army National Guard with an honorable characterization of service.  On 11 February 1970, he was transferred to the United Stated Army Reserve Control Group (Annual Training).  

11.  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, Vietnam Service Medal, and the Combat Infantryman Badge.  It does not show award of the Armed Forces Reserve Medal, any Army National Guard awards, or the Army Commendation Medal with "V" Device.


12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Reserve Medal (AFRM).  It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM include requirements for such service to be completed within 12 consecutive years excluding service in an elected state office, tenure as a member of a legislative body of the United States or a state, service as a judge of a court of record of the United States, or a state, territory or the District of Columbia.  

13.   Army Regulation 60-8-22 (Military Awards) does not provide for an Army National Guard Medal.

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

15.  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. 

16.  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.  

17.  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 Tet 69 Counteroffensive and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

18.  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 39th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record showing that the applicant served in the Reserve Components for more than his initial 6-year enlistment.  The qualifying period of service for award of the Armed Forces Reserve Medal is 10 years.  Therefore, his request should be denied.

2.  Army Regulation 600-8-22 (Military Awards) does not provide for an Army National Guard Medal.  Therefore, the applicant’s request should be denied.  

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.  General Orders show that the applicant was awarded the Army Commendation Medal with "V" Device.  Therefore, his records should be corrected to show this award.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.  

6.  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 Vietnam Service Medal.

7.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his records should be corrected to show this award.

8.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ECP  __  __PHM__  __MJ___  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 
13 May 1968 to 11 September 1969; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Commendation Medal with "V" Device, Army Good Conduct Medal, two bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 Armed Forces Reserve Medal or Army National Guard Medal.  




___ Patrick H. McGann, Jr.__
          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.