IN THE CASE OF:	  

	BOARD DATE:	  03 September 2008

	DOCKET NUMBER:  AR20080004874


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Air Medal and Bronze Star Medal and to show completion of the Basic Airborne Course and the Infantry Noncommissioned Officer Candidate Course.

2.  The applicant states that his awards were not approved until after his release from active duty.  He completed the two training courses at Fort Benning, Georgia.

3.  The applicant provides copies of his DD Form 214, award orders, training certificates, Enlisted Qualification Record (DA Form 20), Honorable Discharge Certificate, and two certificates of appreciation.

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 7 August 1970, 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 11B (Light Weapons Infantryman).

3.  On 11 January 1971, the applicant was enrolled in the 12-week Infantry Noncommissioned Officer Candidate [leadership development training] Course, Fort Benning, Georgia.  He successfully completed this course on or about 
6 April 1971.

4.  Special Orders Number 273, United States Army Training Center Engineer and Fort Leonard Wood, dated 30 September 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar.

5.  Special Orders Number 232, Second Advanced Individual Training Brigade, dated 12 November 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun [M-60] Bar.

6.  On 9 April 1971, the applicant was enrolled in the 3-week Basic Airborne Course and successfully completed it on or about 30 April 1971.

7.  On or about 8 August 1971, the applicant was assigned to the Republic of Vietnam for duty as a team leader with the 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade.  He served in this position until his return to the United States on or about 11 April 1972.

8.  On 17 April 1972, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of sergeant, pay grade E-5, and had completed 1 year, 8 months, and 11 days of creditable active duty service.

9.  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, [Republic of] Vietnam Campaign Medal with Device (1960-), and the Combat Infantryman Badge.  It does not show the Air Medal or the Bronze Star Medal.

10.  Item 25 (Education and Training Completed) of the applicant’s DD Form 214 does not show completion of the Basic Airborne Course or the Infantry Noncommissioned Officer Candidate Course.

11.  General Orders Number 01915, 196th Infantry Brigade, dated 27 April 1972, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period from 24 August 1971 to 18 March 1972.

12.  General Orders Number 02086, 196th Infantry Brigade, dated 14 May 1972, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in support of combat ground forces in the Republic of Vietnam during the period from 28 August 1971 to 15 March 1972.

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

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

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 (Awards and Decorations), 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 three campaign periods:  the Consolidation I, the Consolidation II, and the Vietnam Cease-Fire.  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 General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Air Medal and the Bronze Star Medal.  Therefore, his records should be corrected to show these awards.

2.  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.

3.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade and Machinegun Bars.  Therefore, his records should be corrected to show these awards.

4.  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.

5.  Records show that the applicant completed the prescribed course of instruction for award of the Parachutist Badge.  Therefore, his records should be corrected to show this award.

6.  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.


7.  Records show that the applicant's unit was cited in General Orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

8.  Records show that the applicant completed the Basic Airborne Course and the Infantry Noncommissioned Officer Candidate Course.  Therefore, the applicant’s records should be corrected to show these two military courses.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 7 August 1970 to 17 April 1972;

	b.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Air Medal, Bronze Star Medal, Army Good Conduct Medal, three bronze service stars to be affixed to his already awarded Vietnam Service Medal, Parachutist Badge, Expert Marksmanship Qualification Badge with Grenade and Machinegun Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and


	c.  adding to Item 25 (Education and Training Completed) of his DD Form 214 the Basic Airborne Course, United States Army Infantry Training Center, 3 weeks, 1970; and the Infantry Noncommissioned Officer Candidate Course, United States Army Infantry Training Center, 12 weeks, 1971.



      ___        XXX                ___
                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)                                         AR20080004874



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