IN THE CASE OF:	  

		BOARD DATE:	        14 August 2008

		DOCKET NUMBER:  AR20080009472 


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 records to show award of the Air Medal, the Army Commendation Medal, the Good Conduct Medal, and the Presidential Unit Citation.

2.  The applicant states that the awards were left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) due to an administrative oversight.

3.  The applicant provides a copy of a Certificate, dated 1 January 1970, showing he was awarded the Army Commendation Medal; a copy of Citation to accompany award of the Army Commendation Medal; a copy of Certificate of Appreciation; a copy of General Orders Number 7374, dated 20 November 1969; a copy of Certificate, dated 6 December 1969, showing he was awarded the Air Medal; and a copy of Citation to accompany award of the Air Medal, in support of his application.

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's records show he was inducted into the Army of the United States on 6 August 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 5 August 1970.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant’s records also show he served in the Republic of Vietnam from 14 January 1969 to 13 January 1970.  He was assigned to Company D, 1st Battalion, 35th Infantry, 4th Infantry Division.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 5 August 1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badges with Rifle Bars (M-14 and   M-16).  Item 24 does not show award the Air Medal, the Army Commendation Medal, the Good Conduct Medal, or the Presidential Unit Citation.

5.  Headquarters, 4th Infantry Division, General Orders Number 7942, dated 14 December 1969, show the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam from January 1969 to January 1970.

6.  Headquarters, 4th Infantry Division, General Orders Number 7374, dated 30 November 1969, show the applicant was awarded the Air Medal for meritorious service while participating in aerial flight in the Republic of Vietnam from 27 January 1969 to 20 November 1969.  

7.  There are no General Orders in the applicant's records that show he was awarded the Good Conduct Medal.




8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Good Conduct Medal orders on file for the applicant.

9.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal. Furthermore, Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received an “Excellent” conduct and efficiency ratings during the majority of his military service. 

10.  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.

11.  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 1st Battalion, 34th Infantry, was not cited for award of the Presidential Unit Citation.  However, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 38, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders 53, dated 1970.

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

13.  Headquarters, U.S. Army Training Center, Infantry, Fort Benning, Georgia, Special Orders Number 231, dated 26 September 1968, show the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar on 19 September 1968.



14.  Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, Washington, Special Orders Number 331, dated 27 November 1968, show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar   (M-60) on 1 November 1968.  

15.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970, 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 and that one silver service star is worn instead of five bronze service stars. 

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Army Commendation Medal and the Air Medal, which are not shown in his records; therefore, he is entitled to correction of his records to show these awards.

2.  The evidence of record confirms that the applicant served honorably during the period 6 August 1968 to 5 August 1970.  He received conduct and efficiency ratings of excellent throughout most of his military career, completed a tour in the Republic of Vietnam, and was awarded the Combat Infantryman Badge.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal and to correction of his records to show this award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

4.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.
5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal with two bronze service stars.  However, the applicant's records show he participated in three campaigns while serving in the Republic of Vietnam.  The applicant is therefore entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  With respect to award of the Presidential Unit Citation, there is no evidence that the applicant’s unit, Company D, 1st Battalion, 35th Infantry, was awarded the Presidential Unit Citation and there is no evidence in the available records that the applicant was assigned to any other unit that was awarded that the Presidential Unit Citation.  Therefore, there is insufficient evidence to show the applicant’s entitlement to this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __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:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 August 1968 to 5 August 1970;

	b.  deleting the entry “Vietnam Service Medal with two bronze service stars” from Item 24 of the applicant’s DD Form 214; and  

	c.  adding the Good Conduct Medal (1st Award); the Army Commendation Medal, the Air Medal, the Expert Marksmanship Qualification Badge with Grenade Bar, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
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 Presidential Unit Citation.  





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      _______ _   _______   ___
               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)                                         AR20080009472



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ABCMR Record of Proceedings (cont)                                         AR20080009472



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