IN THE CASE OF:	  

		BOARD DATE:	        23 DECEMBER 2008

		DOCKET NUMBER:  AR20080016963 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his awards, to include the Air Medal, the Good Conduct Medal, his marksmanship awards and to reflect his correct rank.

2.  The applicant states, in effect, that his DD Form 214 does not reflect all of the awards he should have been credited with and his rank indicates that he was separated in the pay grade of E-3; however, his Air Medal citation indicates that his rank was SP4.  He continues by stating that he is unsure if he was serving in the pay grade of E-3 or E-4 at the time of his separation. 

3.  The applicant provides a copy of his DD Form 214 and a copy of his 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 in Portland, Oregon on 7 December 1967.  He completed his basic and advanced individual training as a light weapons infantryman at Fort Lewis, Washington and was transferred to Fort Benning, Georgia to undergo airborne training.

3.  He successfully completed his basic airborne training and was transferred to Vietnam on 14 June 1968, for assignment to Company C, 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade (Separate) as a light weapons infantryman.  He was advanced to the pay grade of E-3 on 20 June 1968.  It appears that he was reduced to the pay grade of E-2 on 25 August 1968; however, the reduction instrument is not present in the available records.

4.  The applicant was wounded in action on 26 September 1968, when he received a fragmentation wound to the left cheek.  He was awarded the Purple Heart at the 85th Evacuation Hospital on 3 October 1968 and was awarded the Combat Infantryman Badge (CIB) on 14 October 1968.  He was again advanced to the pay grade of E-3 on 12 March 1969.

5.  On 3 June 1969, General Orders Number 1416 were published that awarded the applicant the Air Medal.  Those orders reflect the applicant's rank as a specialist four.  However, there is no evidence in the available records to show that he was ever advanced to the pay grade of E-4.

6.  He departed Vietnam on 12 June 1969 and was transferred to Fort Bragg, North Carolina, where he remained until he was honorably released from active duty (REFRAD) on 5 December 1969, due to the expiration of his term of service (ETS).  He had served 1 year, 11 months and 29 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Purple Heart, the Army Commendation Medal and the CIB.

7.  The applicant's records show that he was awarded the Sharpshooter Marksmanship Badge with rifle bar and the Marksman Marksmanship Badge with rifle and machine gun bars.

8.  His records also show that he had excellent conduct and efficiency ratings throughout his service and there is no evidence to show that any action was ever taken to deny him award of the Good Conduct Medal.

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal - First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the units.  Additionally, he participated in four campaigns while assigned to Vietnam and is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal for meritorious achievement during the period of 14 June 1968 to 22 May 1969 and thus is entitled to have that award added to his records at this time.

2.  He was also awarded the Sharpshooter Marksmanship Badge with rifle bar and the Marksman Marksmanship Badge with rifle and machine gun bars.  Accordingly, he is entitled to have those awards added to his records at this time as well.

3.  The applicant had excellent conduct and efficiency ratings throughout his service and there is no evidence to show that any action was taken by the commander to prevent his award of the GCMDL for the period of 7 December 1967 to 5 December 1969.

4.  The applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time.
5.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and four bronze service stars for wear on his already-awarded VSM.

6.  However, there is insufficient evidence in the available records to change the applicant's rank to reflect that he was REFRAD in the rank of SP4.  While his orders reflect that he was awarded the Air Medal in the rank of SP4, there are no supporting documents to support a promotion to the rank of SP4 contained in his official records.  Therefore, in the absence of documentation to show that he was advanced to the pay grade of E-4, there is no basis to grant that portion of his request.

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 him the GCMDL for the period of 7 December 1967 to 5 December 1969; and

     b.   amending his DD Form 214 to add the Air Medal, the Sharpshooter Marksmanship Badge with rifle bar, the Marksman Marksmanship Badge with rifle and machine gun bars, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and to show he is eligible to wear four bronze service stars on his already-awarded VSM.







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 showing that he was REFRAD in the rank of SP4.  



      ______ _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)                                         AR20080016963





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ABCMR Record of Proceedings (cont)                                         AR20080016963



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