RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: December 16, 2003
         DOCKET NUMBER: AR2003091200

         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
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley L. Powell		Member
Mr. John N. Slone		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, in effect, that the Bronze Star Medal he received in Vietnam be added to his DD Form 214, Report of Transfer or Discharge.

2. The applicant states, in effect, that the Bronze Star Medal he was awarded in Vietnam is not on his DD Form 214.

3. The applicant submitted a copy of his Bronze Star Medal award certificate, dated 9 April 1969, in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of errors, which occurred on 19 November 1969. The application submitted in this case is dated 5 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. The applicant's military records show that he was inducted into the Army of the United States on 20 November 1967. He received his basic combat training and his advanced individual training at Fort Polk, Louisiana. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

4. The applicant was assigned to and arrived in Vietnam on 7 May 1968. He was assigned to Company A, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile). He remained with this unit until he completed his overseas tour and returned to the United States on 6 May 1969. He was assigned to Fort Bragg, North Carolina, to complete his term of service.

5. The applicant was honorably released from active duty on 19 November 1969 in the rank and pay grade, Sergeant, E-5, under the provisions of Army Regulation (AR) 635-200. On his release from active duty, the applicant had 2 years active military service with no lost time.

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6. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the following: the Air Medal, the National Defense Service Medal; the Vietnam Service Medal, and the Combat Infantryman Badge.

7. The applicant was awarded the Bronze Star Medal for meritorious service, not involving aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam, in General Orders Number 4359, published by Headquarters, 1st Cavalry Division (Airmobile), on 9 April 1969. The Bronze Star Medal is not shown on the applicant's DD Form 214.

8. While in Vietnam, the applicant participated in the following four campaigns: the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; and the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969.

9. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which the applicant is entitled for his campaign participation.

10. AR 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal. The Government of Vietnam awarded this medal 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 and contributed direct combat support to the Republic of Vietnam and Armed Forces.

11. AR 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

12. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

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13. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, lists unit awards received by units serving in Vietnam. This document shows that the unit the applicant served with in Vietnam: Company A, 2nd Battalion, 7th Cavalry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1969 through 1 February 1970, by Department of the Army General Order (DAGO) 42, dated 1972, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 17 November 1965 through 19 May 1969, by DAGO 70, 1969.

14. On 13 January 1968, the applicant qualified expert with the M-14 rifle. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar in Special Orders Number 016, paragraph 254, published by Headquarters, US Army Training Center, Infantry and Fort Polk, dated 18 January 1968.

15. On 1 March 1968, he qualified sharpshooter with the M-16 automatic rifle. He was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar in Special Orders Number 057, paragraph 234, published by Headquarters, US Army Training Center, Infantry and Fort Polk, dated 5 March 1968.

16. On 7 March 1968, he qualified first class gunner with the M-60 machinegun. He was awarded the 1st Class Gunner (now known as the Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar in Special Orders Number 069, paragraph 197, published by Headquarters, US Army Training Center, Infantry and Fort Polk, dated 18 March 1968.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record shows that the applicant was awarded the Bronze Star Medal while he served in Vietnam. This award does not appear on his separation document. He is therefore entitled to have this award added to his DD Form 214 at this time.

2. The applicant participated in four campaigns during his service in Vietnam. He is therefore eligible for award of four bronze service stars to be awarded and affixed to his already-awarded Vietnam Service Medal.

3. The applicant served with Company A, 2nd Battalion, 7th Cavalry, at the time 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. The applicant's DD Form 214 does not show these unit awards as authorized awards. It would be appropriate to add these unit awards to his DD Form 214 at this time.

4. A review of the applicant's records revealed no disqualifying information and in fact revealed consistent "Excellent" conduct and efficiency ratings throughout his active duty service. There is no entry in Item 42 (Remarks) on his DA Form 20, Enlisted Qualification Record, indicating that he was ever disqualified from award of the Good Conduct Medal by any of his unit commanders. The applicant earned the Combat Infantryman Badge and the Bronze Star Medal in a combat environment and attained the rank and pay grade of Sergeant, E-5, in just over 14 months. It appears that the failure to award this excellent soldier the Good Conduct Medal was an administrative oversight and not related to anything the applicant did to disqualify him from this award; therefore, he is entitled to award of the Good Conduct Medal for the period 20 November 1967 through 19 November 1969.

5. The applicant served in Vietnam during the period from 7 May 1968 through 6 May 1969 and met the criteria for award of the Republic of Vietnam Campaign Medal. This award is not shown on his DD Form 214. He is entitled to this award and to have it added to his DD Form 214.

6. The applicant qualified expert with his assigned M-14 rifle and sharpshooter with the M-16 automatic rifle and the M-60 machinegun. Badges to denote these
qualifications are not shown on his DD Form 214. It would be appropriate to add these awards to his separation document at this time.

BOARD VOTE:

_SAC___ __JS_ __SLP___ 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. awarding the applicant the Good Conduct Medal for the period 20 November 1967 through 19 November 1969; the Republic of Vietnam Campaign Medal, for his service in Vietnam; four bronze service stars, to be affixed to his already-awarded Vietnam Service Medal, to denote his participation

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in four campaigns while he served in the Republic of Vietnam; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

b. adding the already-awarded Bronze Star Medal, the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16) and M-60 Machinegun Bar to his DD Form 214.





                  Samuel A. Crumpler
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091200
SUFFIX
RECON
DATE BOARDED	2003/12/16
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 60	107.0014
3.
4.
5.
6.