IN THE CASE OF:	  

		BOARD DATE:	  11 August 2009

		DOCKET NUMBER:  AR20090002086


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with “V” Device and the Combat Infantryman Badge.

2.  The applicant states he out-processed through Fort Lewis, WA and was issued a full set of medals to wear on his uniform, including the Air Medal with “V” Device and the Combat Infantryman Badge.  He discovered they are not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a letter from the Vilas County (WI) Veterans Service Officer.

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 21 October 1969.  Following basic combat training at Fort Campbell, KY and Infantry advanced individual training at Fort Polk, LA, he was transferred to Fort Knox, KY for unspecified training from on or about 16 March to on or about 18 April 1970.

3.  The applicant was transferred to Vietnam, arriving in-country on or about 29 April 1970.  He was assigned to Company A, 2nd Battalion, 502nd Infantry for his entire tour, serving as an automatic rifleman until his return to the United States on or about 31 March 1971.

4.  The applicant’s records show he received "excellent" conduct and efficiency ratings throughout his active service.  His DD Form 214 shows he was awarded the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  General Orders Number 13218, Headquarters, 101st Airborne Division, Vietnam, dated 4 November 1970, awarded the applicant the Army Commendation Medal for meritorious achievement for the period 1 May 1970 to 30 September 1970.

6.  Special Orders Number 188, Headquarters, 101st Airborne Division, Vietnam, dated 7 July 1970, awarded the applicant the Combat Infantryman Badge, effective 6 July 1970.

7.  There were no orders in the applicant’s records to show award of the Air Medal with “V” Device.  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 orders awarding the applicant the Air Medal, with or without “V” Device.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides that:

	a.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  During the Vietnam War, Army Regulation 672-5-1, then in effect, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 were not disqualifying; and

	b.  that a bronze service star is awarded based on qualifying service for each campaign listed in Appendix B of this regulation.  The authorized bronze service stars will be worn on the appropriate service medal.  During the applicant’s service in Vietnam, there were three campaigns – Winter-Spring 1970
(1 November 1969-30 April 1970), Sanctuary Counteroffensive, (1 May 1970 – 
30 June 1970), and Counteroffensive, Phase VII (1 July 1970 - 30 June 1971).

9.  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 unit to which the applicant was assigned was cited for award of the Valorous Unit Award for the periods 25 April - 25 May 1970 and 13 - 30 August 1970 by Department of the Army General Order Number 48, dated 1971 and Department of the Army General Order Number 50, dated 1971, respectively.  The unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to
28 March 1973 by Department of the Army General Order Number 8, dated 1974.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Order Number 48, dated 1971.

10.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such a review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the Air Medal with “V” Device and the Combat Infantryman Badge.

2.  While the available evidence is insufficient for awarding the applicant an Air Medal with "V" Device, this in no way affects the applicant’s right to pursue his claim for the Air Medal with "V" Device by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, Section 1130.

3.  General Orders Number 13218 awarded the applicant the Army Commendation Medal and Special Orders Number 188 award the applicant the Combat Infantryman Badge.  Therefore, these awards should be added to his DD Form 214.

4.  The applicant received "excellent" conduct and efficiency rating through his tenure of service.  There is no record of any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal in his records.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) for the period 21 October 1969 to 20 August 1971 and correction of is records to show this award.

5.  The applicant participated in three campaigns during his Vietnam service.  He is therefore entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal.

6.  The applicant’s unit was awarded the Valorous Unit Award (two awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these unit awards.

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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for his service from 21 October 1969 to 20 August 1971; and 

	c.  adding to item 24 of the applicant's DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Valorous Unit Award (2 awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 adding the Air Medal with "V" Device to the applicant's DD Form 214.




      ___________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)                                         AR20090002086



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ABCMR Record of Proceedings (cont)                                         AR20090002086



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