IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080007595 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Air Medal and the Good Conduct Medal. 

2.  The applicant states, in effect, that he was awarded the Air Medal but it is not shown on his DD Form 214.  He contends that he was given an early out discharge and was told that the Good Conduct Medal would be sent later.   

3.  The applicant provides orders for the Air Medal and a copy of his DD Form 214. 

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 was inducted on 14 May 1970.  He served as a light weapons infantryman assigned to Company C, 3rd Battalion, 1st Infantry of the 23rd Infantry Division in Vietnam from 30 October 1970 through 15 October 1971.  On 16 December 1971, he was released from active duty.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal with First Oak Leaf Cluster, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars as authorized awards.

4.  Headquarters, 23d Infantry Division General Orders Number 7031, dated 
22 June 1971, show the applicant received the Air Medal for the period
2 November 1970 to 25 March 1971.

5.  There are no orders for the Good Conduct Medal in the available records.

6.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) on the applicant’s DA Form 20 (Enlisted Qualification Record shows that he was absent without leave (AWOL) from 
7 October 1970 to 11 October 1970.

7.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

8.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Air Medal.

2.  There are no orders for the Good Conduct Medal in the available records.  The applicant's military records show he had 5 days of lost time during the period 7 October 1970 to 11 October 1970, which is a disqualifying factor for award of the Good Conduct Medal.  Therefore, the applicant does not meet the eligibility criteria for award of the Good Conduct Medal.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star.  However, records show the applicant participated in two campaigns during his assignment which makes him eligible for the Vietnam Service Medal with two bronze service stars. 

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ____xx__  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 adding the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one additional bronze service star for wear on his already-awarded Vietnam Service Medal with one bronze service star to his DD Form 214.

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 Good Conduct Medal.



      _______xxxx___________
      	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)                                         AR20080007595



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ABCMR Record of Proceedings (cont)                                         AR20080007595



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