RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	    29 April 2008
	DOCKET NUMBER:  AR20070017465 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 Reports of Transfer or Discharge (DD Forms 214) to show award of the "Tank TOW Perfect Medal," the Sharpshooter Marksmanship Qualification Badge with Rifle (M16) Bar, and the Marksman Marksmanship Qualification Badge with Rifle (M14) and Pistol (.45 caliber) Bars.

2.  The applicant states, in effect, that these awards were omitted from his 
DD Forms 214.

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.  On 18 April 1968, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 27 September 1968, the applicant successfully completed the Basic Airborne Course and he was awarded the Parachutist Badge.

4.  On 23 December 1968, the applicant was assigned for duty as a rifleman with F Company, 58th Infantry Regiment, in the Republic of Vietnam.

5.  On 20 February 1969, the applicant was reassigned to L Company, 75th Infantry Regiment, in the Republic of Vietnam.

6.  On 6 December 1969, the applicant returned to the United States for duty at Fort Benning, Georgia. 
7.  On 16 April 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4 and he had completed 2 years, 
11 months and 29 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 effective 16 April 1971 lists his awards as the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with two bronze [service] stars, [Republic of] Vietnam Campaign Medal with "1960-" Device, Combat Infantryman Badge, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rifle [M14] Bar, and the Marksman Marksmanship Qualification Badge with Rifle [M16] Bar. 

9.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency from 18 April 1968 through 16 April 1971 were excellent.  The applicant’s records during this period of active duty service 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. 

10.  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. 

11.  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 four campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.



12.  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 75th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 48, dated 1971, for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

13.  On 9 October 1973, the applicant reenlisted in the Regular Army for 4 years. He was assigned for duty in MOS 11B (Light Weapons Infantryman) to Fort Campbell, Kentucky. 

14.  On 26 March 1974, the applicant was discharged under honorable conditions for unsatisfactory performance.  He had completed 5 months and 
13 days of creditable active duty during this period of service, and had 5 days of lost time due to being absent without leave. 

15.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 effective 26 March 1974 lists his awards as the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with four bronze campaign (sic) stars, Republic of Vietnam Campaign Medal with "1960-" Device, Combat Infantryman Badge, and the Parachutist Badge. 

16.  Army Regulation 635-5 (Separation Documents), effective 23 May 1972, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided, in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Officer Qualification Record (DA Form 66), or the Enlisted Qualification Record (DA Form 20) were to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Subsequent editions of the DD Form 214 moved these entries to Item 26 and then to Item 13.  In July 1979, Item 13 added the statement "All periods of service."

DISCUSSION AND CONCLUSIONS:

1.  The applicant has requested correction of his military records to show award of the "Tank TOW Perfect Medal."  However, the governing regulations do not provide for any such award.  Therefore, his request should be denied.

2.  The applicant’s records do not show that he qualified with the .45 caliber pistol.  Therefore, his request to show the award of the Marksman Marksmanship Qualification Badge with Pistol Bar should be denied.

3.  The applicant’s DD Form 214 effective 16 April 1971 listed his Sharpshooter and Marksman Marksmanship Qualification Badges with Rifle Bars for both the M14 and M16.  However, these awards were not entered on his subsequent 
DD Form 214 effective 26 March 1974.  Therefore, these two badges should be added to that DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his duties during his initial 3 year period of service as evidenced by award of the Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, and Parachutist Badge.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for this service was an oversight.  Furthermore, his unsatisfactory performance and general discharge from his second period of active duty should not preclude award of the Army Good Conduct Medal for his earlier distinguished service.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.  The applicant’s DD Form 214, effective 16 April 1971 should be corrected to show these four service stars affixed to his Vietnam Service Medal.

6.  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.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  __X______  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 
18 April 1968 to 16 April 1971;

	b.  showing that, in addition to the awards shown on his DD Form 214, effective 16 April 1971, his authorized awards include the Army Good Conduct Medal, two additional bronze service stars to be affixed to his already awarded Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	c.  showing that, in addition to the awards shown on his DD Form 214, effective 26 March 1974, his authorized awards include the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; Sharpshooter Marksmanship Qualification Badge with Rifle [M14] Bar, and the Marksman Marksmanship Qualification Badge with Rifle [M16] 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 a “Tank TOW Perfect Medal” and the Marksman Marksmanship Qualification Badge with Pistol Bar.  




      ___________X___________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017465



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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