IN THE CASE OF:	  

		BOARD DATE:	        23 OCTOBER 2008

		DOCKET NUMBER:  AR20080005651 


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 that his second award of the Air Medal and his second award of the Army Commendation Medal be included on his Report of Transfer or Discharge (DD Form 214).

2.  The applicant states the he must have been released from active duty (REFRAD) before the second awards could be included on his DD Form 214.

3.  The applicant provides in support of his application, a copy of the certificate showing that he was awarded the Army Commendation Medal (First Oak Leaf Cluster); a copy of the citation showing that he was awarded the Army Commendation Medal (First Oak Leaf Cluster); a copy of General Orders Number 9725 awarding him the Army Commendation Medal (First Oak Leaf Cluster); a copy of the certificate showing that he was awarded the Air Medal (Second Award); a copy of the citation showing that he was awarded the Air Medal (Second Award); and a copy of General Order 10040 awarding him the Air Medal (Second Award).

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 11 June 1969, the applicant was inducted into the Army in Oakland, California.  He successfully completed his training as a light weapons infantryman.

3.  Special Orders Number 150, dated 25 May 1969, awarded the applicant the Expert Marksmanship Qualification Badge (Rifle M-14).

4.  Special Orders Number 184, dated 10 September 1969, awarded the applicant the Marksman Marksmanship Qualification Badge (Rifle M-16).

5.  On 18 October 1969, the applicant was transferred to Vietnam and he was assigned to Company B, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division.  

6.  While in Vietnam, the applicant participated in the following three campaigns:  the Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive Campaign, which extended from 1 May 1970 through 30 June 1970; and the Vietnam Counteroffensive Campaign, Phase VII, which extended from 1 July 1970 through 30 June 1971. 

7.  General Orders Number 5512, dated 26 May 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force from 1 March 1970 through 30 April 1970.

8.  General Orders Number 8791, dated 11 August 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 5 February 1970 through 10 April 1970.

9.  General Orders Number 9725, dated 18 September 1970 awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force from November 1969 to November 1970.

10.  General Orders Number 10040, dated 4 October 1970, awarded the applicant the Air Medal (Second Award) for meritorious achievement while participating in aerial flight from 12 April 1970 to 8 June 1970.

11.  The applicant’s records show that his conduct and efficiency ratings were excellent.  He returned to the Continental United States on 26 October 1970.  On 15 March 1971, the applicant was honorably released from active duty (REFRAD) to accept or return to employment of a seasonal nature and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

12.  The DD Form 214 the applicant was furnished at the time of REFRAD shows he was awarded the National Defense Service Medal; the Vietnam Service Medal w/two bronze service stars; the Republic of Vietnam Campaign Medal; the Army Commendation Medal; the Air Medal; the Combat Infantryman Badge; and the “Expert Marksmanship Qualification Badge (Rifle).  His second award of the Army Commendation Medal and Air Medal were not included on his DD Form 214.  His Marksman Marksmanship Qualification Badge (Rifle M-16) and his third bronze service star were also not included on his DD Form 214.  The Expert Marksmanship Qualification Badge (Rifle M-14) was not properly annotated on his DD Form 214.  

13.  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.  

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns 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.

15.  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.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation in DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the Army Commendation Medal (First Oak Leaf Cluster) and the Air Medal (Second Award) were erroneously omitted from the applicant’s DD Form 214.

2.  General Orders Number 9725, dated 18 September 1970 awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) and General Orders Number 10040, dated 4 October 1970 awarded the Air Medal (Second Award).  Therefore, these awards should be included on his DD Form 214.

3.  The applicant is also entitled to have the Marksman Marksmanship Qualification Badge (Rifle M-16); the Expert Marksmanship Qualification Badge (Rifle M-14); the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and an additional bronze service star to show he participated in three campaigns while he was in Vietnam.  

4.  The applicant’s records show that while he was in the Army his conduct and efficiency ratings were excellent.  There is no information contained in his records that disqualifies him for award of the Army Good Conduct Medal.  In accordance with applicable regulation, the applicant should be awarded the Army Good Conduct Medal and this award should be included on his DD Form 214.

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



BOARD VOTE:

____X___  ___X____  ___X____  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.  amending his DD Form 214 to void the awards of the Vietnam Service Medal w/2 Bronze Service Stars, the Army Commendation Medal, the Air Medal, and the “Expert (Rifle)”;

     b.  awarding him the Army Good Conduct Medal for his excellent service in the Army from 11 June 1969 through 15 March 1971, in the rank and pay grade of specialist (E-4); and

     c.  amending his DD Form 214 to include the Vietnam Service Medal with three bronze service stars; the Army Commendation Medal (First Oak Leaf Cluster); the Air Medal (Second Award); the Expert Marksmanship Qualification Badge (Rifle M-14); the Marksman Marksmanship Qualification Badge 
(Rifle M-16); the Army Good Conduct Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.





      _______ _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)                                         AR20080005651



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ABCMR Record of Proceedings (cont)                                         AR20080005651



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