IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090017897 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Air Assault Badge (AAB), Air Medal (AM), and the Army Commendation Medal (ARCOM).

2.  The applicant states he received both the AM and ARCOM during his service but these awards are missing from his DD Form 214.  In addition, he states he is authorized a retroactive award of the AAB based on information he read in a military awards newsletter.

3.  The applicant provides copies of the following:

* DD Form 214
* ARCOM citation for the period June 1969 through June 1970
* ARCOM 4th Infantry Division General Order 2522 dated 21 April 1970
* AM Award Certificate dated 13 June 1970
* AM citation for the period 17 October 1969 through 20 May 1970
* AM 4th Infantry Division General Order 3278 dated 8 June 1970

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 record shows he:

	a.   was inducted in the Army of the United States on 8 January 1969.  He was trained in and awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman)

	b.  served in the Republic of Vietnam (RVN) from 4 June 1969 through 
3 June 1970 and  participated in three RVN campaigns while assigned to Company C, 2nd Battalion, 35th Infantry, 4th Infantry Division

	c.  received "excellent" conduct and efficiency ratings in Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record)

	d.  honorably separated on 11 December 1970 and transferred to the United States Army Reserve after completing 1 year, 11 months, and 4 days on active duty

3.  The applicant's DD Form 214 does not show the award of the AAB, AM or ARCOM.

4.  The applicant provides orders which show he was awarded the AM and ARCOM.

5.  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, confirms the issuance of both the AM and ARCOM provided by the applicant.

6.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.
8.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Three designated campaigns coincide with the applicant's period of service in the RVN:

* TET 1969 Counteroffensive, 23 February 1969 through 8 June 1969
* Vietnam Summer - Fall 1969, 9 June 1969 through 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 through 30 April 1970

9.  Army Regulation 600-8-22 states a bronze service star is awarded 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.

10.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal (GCM) was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

11.  Army Regulation 600-8-22 sets forth requirements for award of the Air Assault Badge.  Award of 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to show the award of the Air Assault Badge, Air Medal, and the Army Commendation Medal is partially supported by the evidence; however, relief is appropriate only in regard to the Air Medal and Army Commendation Medal.

2.  The applicant's service record contains official orders awarding him the Air Medal and the Army Commendation Medal.  There is sufficient evidence to show he is entitled to correction of his DD Form 214 and relief should be granted.

3.  The Air Assault badge was not established until 1974 and the applicant was separated in 1970.  There is no basis in which to grant relief because the applicant does not meet the criteria for issuance of the badge.


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 awarding him the Army Good Conduct Medal (1st Award) for the period 
8 January 1969 through 11 December 1970 and adding the following to his DD Form 214:

* Air Medal
* Army Commendation Medal 
* Army Good Conduct Medal 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars affixed to previously- awarded 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 award of the Air Assault Badge.




      _______ _  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)                                         AR20090017897





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ABCMR Record of Proceedings (cont)                                         AR20090017897



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