RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 05 FEBRUARY 2004
         DOCKET NUMBER: AR2003090943


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. John P. Infante		Member
Ms. Karen A. Heinz		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 records be corrected to reflect award of the Bronze Star Medal, the Army Commendation Medal with "V" device, and the Army Good Conduct Medal.

2. The applicant states he was awarded these medals and would feel better if they were reflected on his records.

3. The applicant provides copies of his Bronze Star Medal and Army Commendation Medal award certificates.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on
26 February 1970. The application submitted in this case is dated 2 May 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. Records available to the Board indicate that the applicant entered active duty on 25 April 1968 and was trained as an infantryman. His conduct and efficiency ratings while undergoing basic combat training were fair.

4. In September 1968 he was assigned to the 2^nd Battalion, 3^rd Infantry, 199^th Infantry Brigade in Vietnam. According to the certificate provided by the applicant in support of his request, he was awarded the Army Commendation Medal for valorous acts performed on 3 July 1969. The certificate was signed on 5 July 1969 by General Warren K. Bennett, commander of the 199^th Infantry Brigade, and reflects the signature of Stanley R. Resor, Secretary of the Army. However, copies of orders announcing the award were not in records available to the Board.

5. On 18 July 1969 the applicant was promoted to pay grade E-5, less than
15 months after entering active duty.

6. On 1 September 1969, just prior to the applicant's departure from Vietnam, he was awarded the Bronze Star Medal. The 199th Infantry Brigade published orders confirming that award on 18 September 1969. The award certificate, provided by the applicant, was signed by the same general officer that signed his Army Commendation Medal.

7. The applicant was assigned to Fort McClellan, Alabama, after his tour of duty in Vietnam. On 26 February 1970 he was released from active duty with an honorable characterization of service as a result of his request for an early separation. His separation document does not reflect award of the Bronze Star Medal, Army Commendation Medal with "V" device, or the Army Good Conduct Medal.

8. General Warren K. Bennett assumed command of the 199^th Infantry Brigade in May 1969 and Stanley R. Resor was the Secretary of the Army between July 1965 and June 1971.

9. Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 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. With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army. Today, Army Regulation 600-8-22, which replaced Army Regulation 672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

10. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in four designated campaigns (Vietnam Counteroffensive Phase V and VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969) during the applicant’s period of assignment. His campaign participation should be reflected by the addition of four bronze service stars on the Vietnam Service Medal recorded on his separation document. The unit was also awarded a Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the organization.

DISCUSSION AND CONCLUSIONS:

1. The evidence confirms that the applicant was awarded the Bronze Star Medal. His records should be corrected accordingly.
2. The Board notes that there are no orders in the applicant's available records awarding him the Army Commendation Medal, however, his award certificate is signed by the appropriate commander and Secretary of the Army, and the date of the award coincides with the applicant's dates of service in Vietnam. The fact that his Bronze Star Medal was also omitted from his separation document could explain the absence of the Army Commendation Medal from his separation document. In the absence of orders, or evidence to the contrary, there is sufficient evidence to accept the applicant’s award certificate as authentication of entitlement to the Army Commendation Medal with "V" device, and in the interest of justice it would be appropriate to add the award to his separation document.

3. While the evidence does show that the former service member received “fair” conduct and efficiency ratings while undergoing basic combat training, he had no records of non-judicial punishment, was promoted to pay grade E-5 within 15 months of his entrance on active duty, and received multiple personal decorations during his tour of duty in Vietnam. He received an honorable characterization of service upon separation, and was considered fully qualified for reenlistment. Although he may have not met the “requirements” in effect at the time, he would have been eligible as a result of subsequent changes to the qualifications for award of the Good Conduct Medal. As such, in the interest of compassion and equity, the former service member’s single “fair” conduct and efficiency rating should be excused and he should be awarded the Army Good Conduct Medal for the period 25 April 1968 through 26 February 1970.

4. The evidence also confirms that the applicant is entitled to four bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__FNE __ __JPI ___ ___KAH _ 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 by:

a. showing he was awarded of the Bronze Star Medal and Army Commendation Medal with "V" device;

b. awarding him the Army Good Conduct Medal; and

c. showing that he is entitled to four bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.





                  ____Fred N. Eichorn_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090943
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040205
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.