IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007819 


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 award of the Army Good Conduct Medal, Air Medal, and in effect, a bronze service star for his participation in the Tet Offensive campaign.

2.  The applicant states the following:

* he was wounded and sent to a military hospital in Japan
* he was discharged directly from the hospital and sent home 
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he served 3 years, 1 month, and 16 days
* he served in Vietnam from 1967 to 1968
* he was wounded during the Tet Offensive campaign in 1968
* he served with the 25th Infantry Division, “Wolf Hounds,” in a Recon Platoon
* his military occupational specialty (MOS) was 11B
* he received a Purple Heart

3.  The applicant provides a copy of his DD Form 214 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 enlisted in the Regular Army on 30 June 1965 for a period of
3 years.  He was promoted to sergeant (SGT)/E-5 in March 1967.

3.  He was assigned to Vietnam on 2 October 1967 with Headquarters and Headquarters Company, 1st Battalion, 27th Infantry, 25th Infantry Division as a squad leader.  On 12 February 1968, he received gunshot wound to his left hand as a result of hostile action.  On 23 March 1968 he was reassigned to the Medical Holding Detachment, U.S. Army Hospital at Camp Zama, Japan for further treatment.

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Army Good Conduct Medal or the Air Medal.  Item 39 (Campaigns) does not list any campaigns.

5.  The applicant’s service record does not contain orders or flight records for award of the Air Medal.

6.  The applicant was honorably released from active duty on 15 August 1968 in the rank of SGT.  He completed 3 years, 1 month, and 16 days of active military service with no time lost.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

7.  The applicant’s service record does not contain any disciplinary actions.

8.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Republic of Vietnam Campaign Medal, Vietnam Service Medal, Purple Heart, National Defense Service Medal, and the Combat Infantryman Badge as authorized 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 pamphlet shows the 1st Battalion, 27th Infantry, was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Headquarters, Department of the Army General Orders (DAGO) 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO 51, dated 1971

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Tet Counteroffensive (30 January - 
1 April 1968).

13.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in 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 timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant has met the regulatory requirements for the Army Good Conduct Medal (first award) for a qualifying period from 30 June 1965 through 29 June 1968.  His service records show he received "excellent" conduct and efficiency ratings, he was promoted to SGT, and there is no record of any disciplinary action that would disqualify him from receiving this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) and correction of his DD Form 214 to show this award.

2.  The applicant’s service record does not contain any flight records or orders for award of the Air Medal.  Therefore, there is insufficient evidence in which to award him the Air Medal.  

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

4.  The applicant was assigned to the 1st Battalion, 27th Infantry, 25th Infantry Division, during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these foreign unit awards.

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participating in the Tet Counteroffensive campaign during the Vietnam War.  Therefore, his DD Form 214 should be corrected to add one bronze service star for wear on already-awarded 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period
30 June 1965 through 29 June 1968; and 

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), one bronze service star for wear on his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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 award of the Air Medal.



      ___________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)                                         AR20100007819



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ABCMR Record of Proceedings (cont)                                         AR20100007819



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