RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 January 2004
         DOCKET NUMBER: AR2003089101


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Ms. Yolanda Maldonado		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his original DD Form 214 (Report of Transfer or Discharge) be corrected to show his signature in item 32 (Signature of Person Being Transferred or Discharged).

2. The applicant states that his original DD Form 214 was never signed.

3. The applicant provides a letter of explanation and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 8 March 1971. The application submitted in this case is dated 1 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's DD Form 47 (Record of Induction) shows that he was inducted on 5 August 1969. He served as an ammunition bearer assigned to Company E, 2nd Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 8 January 1970 through 1 June 1970. He served as a rifleman assigned to Company A, 2nd Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 2 June 1970 through 12 July 1970. He served as an ammunition bearer assigned to Company E, 2nd Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 13 July 1970 through 5 March 1971. On 8 March 1971, the applicant was released from active duty in the rank of sergeant after completing 1 year,
7 months and 4 days of creditable active service with no time lost. Headquarters, U.S. Army Personnel Center, Oakland, California, Special Orders Number 67, dated 8 March 1971, show the applicant was discharged effective 8 March 1971.
4. Item 10c (Date Inducted) on the applicant's DD Form 214 shows he was inducted on 8 August 1969.

5. Item 11d (Effective Date) on the applicant's DD Form 214 shows he was released from active duty on 8 March (no entry for the year).

6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal, and the Army Commendation Medal as authorized awards.

7. Item 32 and item 34 (Signature of Officer Authorized to Sign) on the applicant's DD Form 214 are blank.

8. Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number
79, dated 20 March 1970, show the applicant received the Combat Infantryman Badge.

9. Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 14406, dated 7 August 1970, show the applicant received the Army Commendation Medal with "V" Device for heroism on 31 May 1970 in Vietnam.

10. Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 14437, dated 7 August 1970, show the applicant received the Air Medal for meritorious achievement while participating in aerial flight in Vietnam during the period February to July 1970.

11. Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 14453, dated 8 August 1970, show the applicant received the Bronze Star Medal with "V" Device for heroism on 27 April 1970 in Vietnam.

12. Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 15873, dated 27 August 1970, show the applicant received the Army Commendation Medal with "V" Device for heroism during the period 12 to 15 July 1970 in Vietnam.

13. Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 20682, dated 28 November 1970, show the applicant received the Bronze Star Medal for meritorious service during the period January 1970 to January 1971 in Vietnam.

14. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

15. The applicant's service personnel records show he participated in three campaigns during his assignment in Vietnam.

16. 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 the applicant's unit (2nd Battalion, 12th Cavalry) was cited for award of the Valorous Unit Award for actions during the period
1 May to 29 June 1970 by Department of the Army General Orders Number
43, dated 1972.

17. Department of the Army Pamphlet 672-3 shows the applicant's unit
(2nd Battalion, 12th Cavalry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 11, dated 1973.

18. Department of the Army Pamphlet 672-3 also shows the applicant's unit
(2nd Battalion, 12th Cavalry) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

19. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Bronze Star Medal and the Army Commendation Medal.

20. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 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. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

21. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, 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.

DISCUSSION AND CONCLUSIONS:

1. A properly authenticated DD Form 214 should be prepared and issued to the applicant. Also, several other administrative errors were discovered on the existing DD Form 214 that should be amended.

2. The applicant was inducted on 5 August 1969. Item 10c should be corrected to show this date.

3. The applicant was discharged on 8 March 1971. Item 11d should be corrected to show this date.

4. Orders show the applicant received the Combat Infantryman Badge; two awards of the Bronze Star Medal, one of which was for valor; the basic award of the Air Medal; and two awards of the Army Commendation Medal with "V" Device. Item 24 should be corrected to show these awards.

5. The applicant was separated in the rank of sergeant with less than
2 years of active service and had no time lost. Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal for the period
5 August 1969 through 8 March 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

6. The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.

7. The applicant's unit (2nd Battalion, 12th Cavalry) received the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

BOARD VOTE:

AAO___ LE______ YM______ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by issuing him a properly authenticated DD Form 214 for the period he was on active duty from 5 August 1969 through 8 March 1971;

b. by amending item 10c on this DD Form 214 to show the entry, "5 AUG 69;"

c. by amending item 11d on this DD Form 214 to show the entry, "8 MAR 71;"

d. by awarding him the first award of the Good Conduct Medal for the period 5 August 1969 through 8 March 1971; and

e. by amending item 24 on this DD Form 214 to show the Combat Infantryman Badge, the Bronze Star Medal with First Oak Leaf Cluster with "V" Device, the Air Medal, the Army Commendation Medal with First Oak Leaf Cluster with "V" Device, the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.    




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089101
SUFFIX
RECON
DATE BOARDED	20040127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.