BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090008934 


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 records be corrected to show award of the Good Conduct Medal and an assault ribbon or medal.

2.  The applicant states he served with the 101st Airborne in Vietnam and recently learned he is entitled to additional awards due to his combat service to include the Good Conduct Medal and an assault ribbon or medal.

3.  The applicant provides no supporting documentation.

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 August 1970, completed training, and was awarded the military occupational specialty of 13A (Basic Field Artilleryman).

3.  He served in Vietnam with Battery C, 1st Battalion, 83rd Artillery Regiment from 24 January 1971 through 19 May 1971; Battery B, 1st Battalion, 83rd Artillery Regiment from 20 May 1971 through 9 June 1971; and Service Battery, 1st Battalion, 39th Artillery Regiment from 10 June 1971 through 7 December 1971.

4.  Headquarters, 101st Airborne Division, General Orders Number 11758, dated 3 December 1971, awarded the applicant the Army Commendation Medal.

5.  The record contains no evidence of any nonjudicial punishment, court-martial, or other derogatory entries.

6.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  advancement to specialist four on 30 April 1971;

	b.  service in Vietnam from 19 January 1971 through 11  December 1971;

	c.  award of the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 

	d.  his conduct and efficiency ratings are shown as exclusively "excellent."

7.  The applicant was honorably released from active duty on 22 February 1972. He had 1 year, 6 months, and 3 days of creditable service with no lost time.  His DD Form 214 shows award of the National Defense Service Medal and the Vietnam Service Medal.

8.  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 any awards. 

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 that while the applicant was assigned to both regiments in Vietnam they were both cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in accordance with Department of the 
Army, General Order 6, 1974.  The pamphlet further notes that while an individual will not be issued or wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation, multiple awards will be recorded in their records.

10.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, unfavorable consideration was normally noted on the DA Form 20.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying, 

	b.  the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault) after 1 April 1974,

	c.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more; and 

	d.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  Counteroffensive Phase VII, 1 July 1970-30 June 1971; the Consolidation I, 1 July 1971 – 30 November 1971; and the Consolidation II, 1 December 1971 – 29 March 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served with the 101st Airborne in Vietnam and recently learned he is entitled to additional awards due to his combat service to include the Good Conduct Medal and an assault ribbon or medal.

2.  The applicant's award of the Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar were omitted from his DD Form 214.  It is appropriate to correct the record to show these awards.

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings, his awards and decorations, and his promotion to E-4.  The record contains no evidence of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 20 August 1970 through 22 February 1972.

4.  The applicant served in Vietnam for the qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award).  Therefore it is appropriate to correct the records to show he was authorized these awards.

5.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

6.  There is no evidence that the units to which the applicant was assigned to in Vietnam participated in any assaults for which any ribbon, medal, or other award was authorized.  Further, the Air Assault Badge was not authorized to members of the Airborne Division (Air Assault) until after 1 April 1974.

7.  Based on the above facts and findings, it is appropriate to correct the records to show that, in addition to the awards listed on the DD From 214, his authorized awards include the Army Commendation Medal, the Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award), the Sharpshooters Marksmanship Qualification Badge with Rifle Bar, and to wear three bronze service stars on his Vietnam Service Medal.

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 his period of service from 20 August 1970 through 22 February 1972; and 

   b.  showing that, in addition to the awards listed on the DD From 214, his authorized awards include the Army Commendation Medal, the Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award), the Sharpshooters Marksmanship Qualification Badge with Rifle Bar, and three bronze service stars to be worn on his 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 assault-related awards, decorations, or badges.  




      ___________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)                                         AR20090008934



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ABCMR Record of Proceedings (cont)                                         AR20090008934



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