IN THE CASE OF:	  

		BOARD DATE:	    9 December 2010

		DOCKET NUMBER:  AR20100012630 

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 Good Conduct Medal, Army Achievement Medal, Overseas Medal for service in the Republic of Vietnam [interpreted to mean the Vietnam Service Medal and/or the Republic of Vietnam Campaign Medal], and the Air Assault Wings [interpreted to mean the Air Assault Badge].  He further requests that his record be corrected to show all of the awards that he earned while he was in the Army National Guard (ARNG) for the past 28 years.

2.  The applicant states that these awards are written on his DD Form 214. 

3.  The applicant provides no additional documents. 

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.  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 a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

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

4.  With regard to that portion of the application requesting "all ARNG Medals he earned during the past 28 years of service" this Board does not have jurisdiction to make corrections to State issued separation documents.  Any relief that may be appropriate in the applicant's case must be determined by the Adjutant General of the State of New York.  Accordingly, this portion of the application will not be further discussed in these proceedings.

5.  The applicant's records show:

	a.  he was inducted into the Army of the United States on 7 April 1966;

	b.  he was assigned to A Company, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile) in the Republic of Vietnam 3 October 1966 to 
27 September 1967;

	c.  he returned to Fort Knox, Kentucky on 16 November 1967; and

	d.  he was released from active duty on 5 April 1968.


6.  The applicant's DD Form 214, effective 5 April 1968, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Purple Heart, Combat Infantryman Badge, Air Medal, and Army Commendation Medal.

7.  The applicant's DA Form 20 (Enlisted Personnel Record) indicates:

	a.	in Item 29 (Qualification in Arms) that he had qualified as a marksman with the M-14 rifle and M-60 machine gun; and

	b.   in Item 38 (Record of Assignments) that all of his conduct and efficiency ratings were excellent; and

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

	a.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations;

	b.  Vietnam Campaign Medal with 1960 Device 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal;

	c.  Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required;




	d.  Air Assault Badge is awarded for satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974; and

	e.  Appendix B of this regulation shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 7th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 59, dated in 1969, as amended by DAGO Number 70, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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.  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 are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal, Army Achievement Medal, the Vietnam Service Medal and/or the Republic of Vietnam Campaign Medal, and the Air Assault Badge].

2.  The applicant’s records clearly show he distinguished himself in the performance of his military service as evidenced by achieving nothing less than "excellent" conduct and efficiency ratings during his entire period of active service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show the applicant was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal; however, the entry on his DD Form 214 omitted his three bronze service stars and 1960 Device, respectively.

4.  Records show the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Records show the applicant qualified as a marksman with the M-14 rifle and the M-60 Machine gun.  Therefore, his records should be corrected to show award of the Marksmanship Qualification Badge with Rifle and Machinegun Bars.

7.  Records show that the applicant did not serve on active duty during a qualifying period for award of the Army Achievement Medal or the Air Assault Badge.  Therefore, this portion of his request should be denied.

8.  While the available evidence is insufficient for awarding the applicant Army Achievement Medal, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 him the Good Conduct Medal for the period 7 April 1966 to 
5 April 1968;

	b.  deleting the entries Vietnam Service Medal and Vietnam Campaign Medal; and

	c.  adding the following awards to the awards already shown on his DD Form 214:  the Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksmanship Qualification Badge with Rifle and Machinegun Bars.

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 Army Achievement Medal and 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)                                         AR20100012630



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ABCMR Record of Proceedings (cont)                                         AR20100012630



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