IN THE CASE OF:	  

		BOARD DATE:	        13 January 209

		DOCKET NUMBER:  AR20080009648 


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 Bronze Star Medal and the Air Medal and that his rank be corrected to show that he was a Staff Sergeant (SSG).  In addition he requests that he be provided a document showing these corrections.

2.  The applicant states, in effect, that the above awards and rank should be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 12 September 1968.

3.  The applicant provides his DD Form 214; Headquarters, 101st Airborne Division General Orders Number 7985, dated 22 October 1968; a copy of a Bronze Star Medal Certificate, dated 22 October 1968; a copy of a Bronze Star Medal Citation; a copy of an Air Medal Certificate, dated 27 December 1968; and a copy of an Air Medal Citation.

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 into the Army of the United States on 
20 September 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).

3.  The applicant arrived in Vietnam with B Company, 2nd Battalion, 506th Infantry, 101st Airborne Division on or about 3 December 1967.  He was promoted to Sergeant (SGT)/E-5 on 23 May 1968.  

4.  Headquarters, 101st Airborne Division General Orders Number 7985, dated 22 October 1968, shows the applicant was awarded the Bronze Star Medal.

5.  The applicant provided a copy of an Air Medal Certificate, dated 27 December 1968, that shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam on 31 January 1968.

6.  The applicant departed Vietnam on or about 6 September 1968 after being credited with participating in four campaigns.  On 12 May 1968, he was honorably released from active duty after completing 1 year, 11 months, and 
13 days of creditable active service.  

7.  The applicant's DD Form 214 for the period ending 12 May 1968 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, and the Parachutist Badge.  Item 5a (Grade, Rate or Rank) of his DD Form 214 shows the entry of "SGT (T) SEE 30," the entry of "E-5" in item 5b (Pay Grade), and the entry "23 MAY 68" in item 6 (Date of Rank).

8.  There are no documents in the applicant's service personnel records promoting him to SSG/E-6 while he was on active duty.

9.  There are no orders in the applicant's records that show he was awarded the Air Medal.  Item 41 (Awards and Decorations) of his DA Form20 (Enlisted Qualification Record) does not show award of the Air Medal.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the Air Medal.
11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-200, chapter, in effect at the time, prescribed the promotion policy to pay grades E-4 through E-9 and the selection board process. It stated that a waiver of the requirement to appear before a selection board would not be granted.  The board would consist of both officers and enlisted appointed by the appropriate promotion authority to select individuals for promotion to pay grades E-5 through E-9.  A list of the individuals recommended by the board and selected by the promotion authority, in the order they were to be promoted, would be published.

14.  Army Regulation 672-5-1 (Military Awards), 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.

15.  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 that, at the time of the applicant’s assignment to the 2nd Battalion, 506th Infantry, it was cited for award of the Presidential Unit Citation for the period 13 June 1968 through 23 September 1968 based on Headquarters, Department of the Army General Orders Number 38, dated 1971.



16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 506th Infantry, it was cited for award of the Meritorious Unit Commendation for the period 14 March 1968 through 
3 October 1968 based on Headquarters, Department of the Army General Orders Number 22, dated 1976.

17.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 506th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January 1968 through 3 February 1968 based on Headquarters, Department of the Army General Orders Number 24, dated 1972.

18.  Army Regulation 600-8-22 provides, in pertinent part, for 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.  The applicant provided orders that show he was awarded the Bronze Star Medal.  Therefore, his DD Form 214 should be amended to add this award.

2.  The applicant was separated in the rank of sergeant after completing 1 year, 11 months, and 13 days of creditable active service with no time lost.  His conduct and efficiency ratings were "excellent" throughout his period of service.  Therefore, it appears the applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 20 September 1966 through 
12 September 1968.

3.  The applicant was assigned to a unit during a period of time this unit was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in four campaigns makes him eligible to wear four bronze service stars on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

4.  There are no orders in the applicant's service personnel records that show he was awarded the Air Medal.  Unfortunately, the Air Medal Certificate alone is not sufficient evidence to show he is authorized that award.  Therefore, there is an insufficient basis for correction of his DD Form 214 to show this award.



5.  The applicant contends that his records should be corrected to show the rank of SSG.  The available evidence failed to show that the applicant was promoted to SSG.  Furthermore, there is no evidence in the applicant's records that show he appeared before a promotion board prior to being separated, nor does the applicant mention that he appeared before a promotion board.  Therefore, his DD Form 214 with the ending period 12 May 1968, which shows he was promoted on 23 May 1968 to the rank of SGT/E-5, appears to be correct.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 20 September 1966 through 12 September 1968; and 

		b.  amending his DD Form 214 to add the Bronze Star Medal, the Army Good Conduct Medal (1st Award),  the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on 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 awarding the applicant the Air Medal and correcting his rank to SSG.  



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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)                                         AR20080009648



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ABCMR Record of Proceedings (cont)                                         AR20080009648



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