IN THE CASE OF:	  

		BOARD DATE:	  	  9 December 2008

		DOCKET NUMBER:  AR20080016207 


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, in effect, correction of his records to show an appropriate award for his combat service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, he is aware that he is not eligible for the Combat Infantryman Badge because he did not possess an infantry military occupational specialty (MOS) and he was not assigned to an infantry unit.  However, he states that he came under enemy fire on several occasions while serving in the RVN and should be eligible for an appropriate award or decoration.

3.  The applicant provides a self-authored statement, dated 21 August 2008; Headquarters, U.S. Army Human Resources Command (USA HRC), Alexandria, Virginia, memorandum, dated 23 January 2008; United States (U.S.) Senate, Washington, District of Columbia (DC), letter, dated 26 February 2008; letter to Chief, Military Awards Branch, USA HRC, Alexandria, Virginia, dated 3 March 2008; Headquarters, USA HRC, Alexandria, Virginia, memorandum, dated
6 June 2008; and U.S. Senate, Washington, DC, letter, dated 15 July 2008 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 military personnel records show he was inducted into the Army of the United States and entered active duty on 20 August 1969.  Upon completion of basic combat and advanced individual training, he was awarded MOS 05C (Radio Teletype Operator).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).  It shows, in pertinent part, that:

     a.  Item 31 (Foreign Service) shows he served overseas in U.S. Army Europe (USAREUR) in Germany from 16 April 1970 through 12 October 1970.  This item also shows that he served overseas in U.S. Army Pacific (USARPAC) in the RVN from 25 November 1970 through 13 June 1971;

     b.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the 62nd Signal Company, 37th Signal Battalion (USARPAC, RVN) from 3 December 1970 through 9 April 1971.  He was then assigned to the
14th Signal Company, 37th Signal Battalion (USARPAC, RVN) from 10 April 1971 until his departure from the RVN on 13 June 1971;

     c.  Item 39 (Campaigns) of this document shows he participated in an (as then) undesignated, 13th campaign; and

     d.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and
2 Overseas Service Bars.

4.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service and his records do not contain any adverse information.  In addition, the applicant’s records contain 

a DA Form 137 (Installation Clearance Record), dated 8 June 1971, that shows his platoon leader indicated the applicant’s conduct and efficiency were 
“excellent” and he recommended the applicant for the Good Conduct Medal.

5.  There are no orders in the applicant’s military personnel records that show he was awarded an individual military decoration during the period of service under review.

6.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a period ending 14 June 1971.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and 2 Overseas Service Bars.  The DD Form 214 also shows the applicant was honorably released from active duty on 14 June 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  At the time, he was credited with completing 1 year, 9 months, and 25 days of net active service this period and 1 year and 16 days of foreign service.

8.  In support of his application, the applicant provides a self-authored statement, dated 21 August 2008, that was previously summarized in this Record of Proceedings.  He also provides copies of Headquarters, USA HRC, Alexandria, Virginia, memorandum, dated 23 January 2008; U.S. Senate, Washington, DC, letter, dated 26 February 2008; letter to Chief, Military Awards Branch, USA HRC, Alexandria, Virginia, dated 3 March 2008; Headquarters, USA HRC, Alexandria, Virginia, memorandum, dated 6 June 2008; and U.S. Senate, Washington, DC, letter, dated 15 July 2008.  These documents, in pertinent part, provide an explanation of the criteria for award of the Combat Infantryman Badge, the special provisions for Military Assistance Command advisors during the Vietnam War, and the determination that the applicant was not eligible for the Combat Infantryman Badge.

9.  A review of the applicant's military personnel records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase VII campaign.


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 that, at the time of the applicant's assignment to the 37th Signal Battalion (USARPAC, RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

12.  The applicant’s military personnel records contain a copy of Headquarters,
U.S. Army Training Center Engineer, Fort Leonard Wood, Missouri, Special Orders Number 294, dated 21 October 1969.  These orders show, in pertinent part, that the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

15.  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, including the Vietnam Service Medal.

16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

17.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any 
time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

18.  Army Regulation 600-8-22, 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.

19.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

     a.  Chapter 3 (U.S., Army Individual Decorations) of the Military Awards regulation provides, in pertinent part, for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

     b.  Paragraph 1-14 (Time limitation) of the Military Awards regulation provides that, except for the provisions of Title 10, U.S. Code, section 1130, each recommendation for an award or decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command."  However, pursuant to Title 10, U.S. Code, section 1130, a Member of Congress can request consideration of a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy.  Based upon such review, the Secretary of the Army will make a determination as to the merits of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting under Title 10, U.S. Code, section 1130.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of an appropriate decoration for his military service.


2.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

3.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 1 campaign during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of 1 bronze service star to be affixed to his Vietnam Service Medal.

4.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

5.  Records show that Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

6.  Records show that Special Orders awarded the applicant the Expert Marksmanship Qualification Bade with Grenade Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

7.  There is no evidence of record that shows the applicant was recommended for award of an individual military decoration for heroism, meritorious achievement or meritorious service, or that such an award was approved and announced in orders.  Therefore, there is insufficient evidence to support the applicant’s claim to an individual wartime decoration.

8.  While the available evidence is insufficient for awarding the applicant the an individual wartime decoration, this in no way affects the applicant’s right to pursue his claim for an award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 20 August 1969 to 14 June 1971;

     b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

     c.  adding to Item 24 of his DD Form 214 the Good Conduct Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Machinegun and Grenade Bars.

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 an individual wartime decoration.



      __________X____________
               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)                                         AR20080016207



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ABCMR Record of Proceedings (cont)                                         AR20080016207



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