IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100008301 


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 and the Army Good Conduct Medal.

2.  The applicant states that according to a letter he received from the National Personnel Records Center (NPRC), St. Louis, MO, he received these two awards.

3.  The applicant provides copies of:

* his DD Form 214
* a letter from NPRC, dated 18 January 2010

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 military personnel records show he was inducted into the Army of the United States on 27 August 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant served in the Republic of Vietnam from 25 January 1969 to
3 August 1969.  During this period he served with the:

* 566th Transportation Company from 30 January - 24 April 1969
* 9th Administrative Company from 25 April - 3 May 1969
* 3rd Battalion, 60th Infantry from 4 May - 24 June 1969
* 6th Battalion, 31st Infantry from 25 June - 3 August 1969

4.  On 23 July 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being under the influence of alcohol while waiting to embark on a maneuver.  His punishment consisted of 5 days of restriction and extra duty.

5.  On 29 December 1969, the applicant accepted NJP under Article 15, UCMJ, for being absent from his appointed place of duty and disobeying a lawful order from his commanding officer.  His punishment consisted of 14 days of restriction and extra duty, reduction to the rank/grade of private first class (PFC)/E-3, and forfeiture of $36.00.

6.  The applicant was reduced to PFC, effective 30 December 1969.  However, on 16 January 1969, the orders reducing the applicant were rescinded.

7.  On 9 June 1970, the applicant was released from active duty.  He had completed 1 year, 9 months, and 13 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Air Medal or the Army Good Conduct Medal.

8. There are no orders in the applicant's Official Military Personnel File (OMPF) awarding him the Air Medal or the Army Good Conduct Medal.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency

ratings throughout his period of service.  There is also no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  

10.  The letter from NPRC submitted by the applicant shows authorization for the issuance of the Air Medal and the Army Good Conduct Medal.  NRPC states the authorization for shipment of these medals was based on the documents provided by the applicant and/or official documents.  However, the documentation used to verify entitlement these two awards was not provided by the applicant.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that all awards of decorations or the Army Good Conduct Medal made pursuant to delegated authority would be announced in general orders by the commander authorized to make the award, except that awards of decorations made by Heads of Headquarters Department of the Army agencies would be announced in Department of the Army General Orders.

12.  Army Regulation 672-5-1 further stated the Army Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It was awarded on a selective basis to each Soldier who distinguished himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided, guidelines for award of the Air Medal.  It defined the departure point for the award of the Air Medal based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and has accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of 

friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit.  The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.  The individual must have continuously demonstrated a high degree of air discipline.  And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

14.  U.S. Army Vietnam Regulation 672-1,  Appendix IV, required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal," that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident," and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his awards of the Air Medal and the Army Good Conduct Medal should be added to his DD Form 214.

2.  There is no evidence or official documentation showing the applicant met the requirements for the award of the Air Medal.  There are no orders in his OMPF showing he was awarded the Air Medal.

3.  There are no orders in the applicant's OMPF awarding him the Army Good Conduct Medal during his first enlistment.  Although there is no indication the applicant’s chain of command disqualified him from award of the Army Good Conduct Medal, his record shows imposition of NJP on two occasions; for being under the influence of alcohol while waiting to embark on a maneuver, being absent from his appointed place of duty, and disobeying a lawful order from his commanding officer.  Therefore, his conduct is not considered exemplary.  

4.  Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required.  Therefore, due to the absence of orders for the awards of the Air Medal and the Army Good Conduct Medal in the applicant's OMPF or substantive evidence showing he is eligible for the awards, there is insufficient evidence to include these awards on his DD Form 214.

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.



      ____________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)                                         AR20100008301



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)