IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080001853 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, through two separate applications with the same date, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Army Good Conduct Medal and the Air Medal.

2.  The applicant states, in effect, that he received Good Conduct Medal (no ribbon), but there was no general order issued or documented on his DD Form 214.  He also states he received the Air Medal due to his more than 25 combat assault missions but never received the actual medal or general orders and it was not documented on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, Bronze Star Citation, 
and Item 38 (Record of Assignments) of his Enlisted Qualification Record 
(DA Form 20).

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 9 December 1968, 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 (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 45, United States Army Training Center, Infantry, and Fort Dix, New Jersey, dated 14 February 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14 and M-16] and Grenade Bars.

4.  Special Orders Number 73, United States Army Training Center, Infantry, and Fort Dix, New Jersey, dated 2 April 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

5.  On 20 May 1969, the applicant was assigned for duty as a rifleman with 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, in the Republic of Vietnam.

6.  On 3 June 1970, the applicant was returned to the United States for duty as a team leader at Fort Carson, Colorado.  

7.  On 8 December 1970, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 2 years 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, Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, and the [Republic of] Vietnam Campaign Medal [with Device (1960)].  It does not show award of the Army Good Conduct Medal, Air Medal, or any marksmanship badges.

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



10.  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. 

11.  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.  

12.  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 three campaign periods: the Tet 69 Counteroffensive, 1969; 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.

13.  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 22nd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 54, dated 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

14.  Title 10 of the United States Code, section 1130 (10 USC §1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record showing that the applicant had participated in 25 or more combat assault missions.  Therefore, his request for award of the Air Medal should be denied.

2.  While the available evidence is insufficient for awarding the applicant an Air Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC §1130.

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 three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his 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; 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.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.  Therefore, his records should be corrected to show these awards.

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

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 
9 December 1968 to 8 December 1970;

	b.  deleting the Vietnam Service Medal with two bronze service stars and replacing it with the Vietnam Service Medal with three bronze service stars; and

	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Army Good Conduct Medal; Vietnam Service Medal with three bronze service stars; Expert Marksmanship Qualification Badge with Rifle and Grenade Bars; Sharpshooter Marksmanship Qualification Badge with Machinegun Bar; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, 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.



	__________X _    _______   ___
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080001853



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