IN THE CASE OF:	  

		BOARD DATE:	       17 MARCH 2009

		DOCKET NUMBER:  AR20080019187 


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 award of the Army Good Conduct Medal, the Armed Forces Expeditionary Medal, the "7th Infantry Combat Badge" [correctly known as the Combat Infantryman Badge], and the Presidential Unit Citation.

2.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) currently reflects award of the Armed Forces Expeditionary Medal.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  In an electronic mail message, dated 3 March 2009, a staff member at the Military Awards Branch informed the case analyst that the applicant's request for award of the Combat Infantryman Badge was currently pending review and signature.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

4.  The applicant states that he was in a combat zone during two tours on the demilitarized zone (DMZ) and was in the Strike Force Platoon of the 3rd Battalion, 32nd Infantry and the 2nd Battalion of the 7th Infantry.  He received combat pay and a letter of commendation from the Counterguerrilla Warfare School.

5.  The applicant provides a Certificate of Completion from the Counterguerrilla Warfare School, dated 4 October 1968; a letter of commendation, dated 24 May 1969; his Unit Orders Number 12, dated 7 April 1969, awarding him the Bayonet Infantry Badge; a letter of commendation, dated 6 May 1969; his Special Orders Number 014, dated 14 January 1969, awarding him hostile fire pay; his DMZ permanent pass; and his Letter Orders Number 02-1052095, dated 27 February 1974, discharging him from the U.S. Army Reserve Control Group (Standby) 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 was inducted into the Army of the United States on 27 March 
1968.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11H (infantry indirect fire crewman).  His highest grade attained was specialist four, E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 10 September 1968 through 30 October 1969 with Headquarters and Headquarters Company, 3rd Battalion, 32nd Infantry, 7th Infantry Division.

4.  On 23 April 1970, the applicant was convicted by a summary court-marital of being absent without leave (AWOL) from 30 January 1970 to 27 March 1970.  He was sentenced to a forfeiture of $80.00 for 1 month.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not list award of the Army Good Conduct Medal or the Presidential Unit Citation.

6.  His DA Form 20 shows he only received conduct and efficiency ratings of "excellent" on 25 September 1968.

7.  The applicant was released from active duty on 24 May 1970.  He completed 2 years of active military service with 59 days of lost time.  His DD Form 214 shows the Armed Forces Expeditionary Medal and the National Defense Service Medal as authorized awards.
8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding the applicant the Army Good Conduct Medal.  Although there is no indication the applicant’s chain of command disqualified him from award of the Good Conduct Medal, his record shows he was convicted by a summary court-martial for being AWOL (59 days) and he did not receive conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, these are disqualifying factors for award of the Army Good Conduct Medal.

2.  There is no evidence available to the Board which shows that 3d Battalion, 32nd Infantry, 7th Infantry Division, was cited for award of the Presidential Unit Citation.  Therefore, there is no basis for correcting his records to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ________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)                                         AR20080019187



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ABCMR Record of Proceedings (cont)                                         AR20080019187



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